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IN RE D.S.

No. COA08-1078.

682 S.E.2d 709 (2009)

In the Matter of D.S.

Court of Appeals of North Carolina.

June 16, 2009.

Attorney(s) appearing for the Case

Attorney General Roy A. Cooper, by Assistant Attorney General Judith Tillman, for the State.

Peter Wood, for Juvenile.

BEASLEY, Judge.

D.S.1 (Juvenile) appeals the adjudication and disposition of Robeson County District Court which adjudicated him delinquent for committing sexual battery and simple assault. For the reasons stated below, we affirm the adjudication for simple assault and vacate the adjudication for sexual battery.

On 21 September 2007, Juvenile and A.A., both fifth grade students, were in the same classroom. During class, Juvenile...

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