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IN RE D.K.

No. COA09-495.

684 S.E.2d 522 (2009)

In the Matter of D.K., A Minor Child.

Court of Appeals of North Carolina.

November 3, 2009.

Attorney(s) appearing for the Case

Attorney General Roy A. Cooper, III, by Assistant Attorney General Teresa L. Townsend, for the State.

Geeta Kapur, Durham, for respondent-appellant.

JACKSON, Judge.

D.K. ("the juvenile") appeals the 8 October 2008 order that adjudicated him delinquent for larceny. For the reasons stated herein, we affirm in part and remand for a new trial.

On 23 April 2008, the juvenile's normal teacher was absent, and he was placed into Ms. Carmen Barrantes's ("Barrantes") classroom. Near the end of the class period, Barrantes asked the students to put their chairs on their desks and wait for her dismissal. At this time...

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