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    "judges": [
      "Judges McGEE and JACKSON concur."
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    "parties": [
      "IN THE MATTER OF S.M.S."
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    "opinions": [
      {
        "text": "HUNTER, JR., Robert N., Judge.\nS.M.S. (\u201crespondent\u201d) appeals from adjudication and disposition as a delinquent juvenile for second-degree trespass in violation of N.C. Gen. Stat. \u00a7 14-159.13 (2007). For reasons stated herein, we affirm.\nI. Background\nOn 20 March 2008, respondent was adjudicated delinquent for the offense of second-degree trespass. At the hearing on this matter, the State\u2019s evidence tended to show the following: On 31 October 2007, respondent was a fifteen-year-old student at J.H. Rose High School. At approximately 1:00 p.m. on 31 October 2007, G.H., B., and E.J., fourteen-year-old girls, (collectively \u201cthe girls\u201d), were changing clothes in the girls\u2019 locker room at J.H. Rose High School when they heard boys\u2019 voices. The girls started screaming when they saw respondent and another boy run through their locker room.\nWhen Coach Gibson heard the girls screaming and noticed two boys going into the girls\u2019 locker room, he approached the locker room door, blew his whistle, and asked the boys to come out. Immediately upon Coach Gibson\u2019s order, respondent and the other boy exited the locker room.\nCoach Gibson contacted Officer Carlton Joyner of the Greenville Police Department, who was assigned to J.H. Rose High School. After reviewing school surveillance videos, Officer Joyner identified respondent as one of the boys who had been in the girls\u2019 locker room. At all relevant times, there was a sign on the front door of the locker room, marked \u201cGirl\u2019s Locker Room.\u201d\nAt the 4 March 2008 Juvenile Session of Pitt County District Court, with the Honorable G. Galen Braddy presiding, respondent denied committing delinquent acts of second-degree trespass and secretly peeping into a room occupied by another person. At the close of the State\u2019s evidence, respondent moved to dismiss both charges. In an adjudication order entered 20 March 2008, the trial court dismissed the petition charging respondent with secretly peeping and adjudicated respondent delinquent for the offense of second-degree trespass. The matter was continued to the 11 March 2008 Juvenile Session of Pitt County District Court, with the Honorable P. Gwynett Hilburn presiding. On 24 March 2008, the trial court entered a level 1 disposition, which included probation and five 24-hour periods of intermittent confinement to be imposed upon any probation violation. Respondent appeals.\nII. Standard of Review\nWe review a trial court\u2019s denial of a motion to dismiss de novo. State v. Hart, 179 N.C. App. 30, 39, 633 S.E.2d 102, 108 (2006), aff\u2019d in part, reversed in part on other grounds, and remanded, 361 N.C. 309, 644 S.E.2d 201 (2007). \u201cWhere the juvenile moves to dismiss, the trial court must determine \u2018whether there is substantial evidence (1) of each essential element of the offense charged,... and (2) of [juvenile\u2019s] being the perpetrator of such offense.\u2019 \u201d In re Heil, 145 N.C. App. 24, 28, 550 S.E.2d 815, 819 (2001) (quoting State v. Powell, 299 N.C. 95, 98, 261 S.E.2d 114, 117 (1980)). \u201c \u2018Substantial evidence is relevant evidence which a reasonable mind might accept as adequate to support a conclusion.\u2019 \u201d In re S.R.S., 180 N.C. App. 151, 156, 636 S.E.2d 277, 281 (2006) (quoting State v. Wood, 174 N.C. App. 790, 795, 622 S.E.2d 120, 123 (2005)). When reviewing a motion to dismiss a juvenile petition, courts must consider the evidence in the light most favorable to the State, which is entitled to every reasonable inference of fact that may be drawn from the evidence. In re Brown, 150 N.C. App. 127, 129, 562 S.E.2d 583, 585 (2002).\nIII. Discussion\nRespondent argues that the trial court erred in denying his motion to dismiss the petition charging him with second-degree trespass. Respondent argues that, although he violated school rules by going into the girls\u2019 locker room, his conduct did not support the charge of second-degree trespass. This Court reverses adjudications where the evidence shows no more than ordinary misbehavior or rule-breaking. In re S.M., 190 N.C. App. 579, 582-83, 660 S.E.2d 653, 656 (2008); see also In re Brown, 150 N.C. App. at 131-32, 562 S.E.2d at 586 (reversing an adjudication of disorderly conduct when the juvenile talked during a test, slammed a door, and begged the teacher not to send him to the office).\nIn the case before us, respondent was convicted of second-degree trespass, pursuant to N.C. Gen. Stat. \u00a7 14-159.13, which provides:\n(a) Offense. \u2014 A person commits the offense of second degree trespass if, without authorization, he enters or remains on premises of another:\n(1) After he has been notified not to enter or remain there by the owner, by a person in charge of the premises, by a lawful occupant, or by another authorized person; or\n(2) That are posted, in a manner reasonably likely to come to the attention of intruders, with notice not to enter the premises.\nN.C. Gen. Stat. \u00a7 14-159.13 (2007). Respondent contends that he was lawfully permitted to enter the girls\u2019 locker room because it was located on school property, which is open to the public. When premises are open to the public, \u201cthe occupants of those premises have the implied consent of the owner/lessee/possessor to be on the premises, and that consent can be revoked only upon some showing the occupants have committed acts sufficient to render the implied consent void.\u201d State v. Marcoplos, 154 N.C. App. 581, 582-83, 572 S.E.2d 820, 821-22 (2002), aff\u2019d and remanded, 357 N.C. 245, 580 S.E.2d 691 (2003); see also State v. Winston, 45 N.C. App. 99, 101-02, 262 S.E.2d 331, 333 (1980) (reversing unlawful entering charge where the defendant entered a clerk\u2019s office in the courthouse when it was open to the public, and evidence failed to disclose that defendant, after entry, committed acts sufficient to render the implied consent void). Respondent argues that his actions cannot constitute trespass, because he left the locker room immediately upon Coach Gibson\u2019s order to leave.\nThe sign marked \u201cGirl\u2019s Locker Room\u201d was reasonably likely to give respondent notice that he was not authorized to go into the girls\u2019 locker room, pursuant to N.C. Gen. Stat. \u00a7 14-159.13(a)(2). Furthermore, respondent\u2019s admission that he violated school rules by entering the girls\u2019 locker room supports a reasonable inference that he knew he was not permitted in the locker room. This evidence supports the trial court\u2019s denial of respondent\u2019s motion to dismiss. We overrule this assignment of error. Although respondent\u2019s actions, in the case sub judice, provided sufficient evidence of second-degree trespass, it is unclear to us why our Courts were involved in this matter when the school, in its administrative capacity, was fully capable of dealing with respondent\u2019s conduct and disciplining him appropriately.\nIV. Conclusion\nThere was no reversible error in the trial court\u2019s denial of respondent\u2019s motion to dismiss. Accordingly, we affirm.\nAffirmed.\nJudges McGEE and JACKSON concur.",
        "type": "majority",
        "author": "HUNTER, JR., Robert N., Judge."
      }
    ],
    "attorneys": [
      "Attorney General Roy Cooper, by Assistant Attorney General Gaines M. Weaver, for the State.",
      "Sofie W. Hosford for respondent-appellant."
    ],
    "corrections": "",
    "head_matter": "IN THE MATTER OF S.M.S.\nNo. COA08-970\n(Filed 7 April 2009)\nJuveniles\u2014 delinquency \u2014 second-degree trespass \u2014 sufficiency of evidence\nThe trial court did not err by denying respondent juvenile\u2019s motion to dismiss the petition charging him with second-degree trespass in violation of N.C.G.S. \u00a7 14-159.13 based on an incident where the juvenile and another boy ran through the girls\u2019 locker room at a high school while the girls were changing clothes because: (1) the sign marked \u201cGirl\u2019s Locker Room\u201d was reasonably likely to give respondent notice that he was not authorized to go into the girls\u2019 locker room; and (2) respondent\u2019s admission that he violated school rules by entering the girls\u2019 locker room supported a reasonable inference that he knew he was not permitted in the locker room.\nAppeal by respondent from order entered 20 March 2008 by Judge G. Galen Braddy in Pitt County District Court and order entered 24 March 2008 by Judge P. Gwynett Hilburn in Pitt County District Court. Heard in the Court of Appeals 11 February 2009.\nAttorney General Roy Cooper, by Assistant Attorney General Gaines M. Weaver, for the State.\nSofie W. Hosford for respondent-appellant."
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