State v. Anderson

Antoinette Anderson misrepresented to arresting officers that she was an adult and did not reveal that she was actually a juvenile until the first day of her trial in superior court. At issue is whether Anderson waived her right to be tried as a juvenile. We hold that there was no waiver as a matter of law because she asserted the right before the jury was sworn in. Nor has there been a finding of waiver as a matter of fact. Accordingly, we affirm the trial court’s order declaring the guilty verdict null and void and remand the case to the superior court for a Dillenburg 1 hearing to…