In re Sabino R.

OPINION

EHRLICH, Judge.

¶ 1 Sabino R. was adjudicated delinquent for aggravated assault and underage consumption of alcohol. The only issue on appeal is whether there was sufficient evidence that he was underage while consuming alcohol.

¶2 Sabino, testifying on his own behalf, admitted drinking alcohol the evening in question, and there seemed to be no question regarding his age. Not only was this case proceeding in juvenile court without objection, but, in closing argument, his counsel said: “Sabino’s 15.” However, no specific evidence was offered by the State to establish that Sabino was under…