Matter of Lucas

GREENE, Judge.

Ronnie Leon Lucas (hereinafter “juvenile”), age fourteen, was alleged in a juvenile petition to have committed a sexual offense with a three-year-old female (hereinafter “child”) in violation of N.C.G.S. Sec. 14-27.4(a)(l) (1986). The trial judge found facts and adjudicated the juvenile to be delinquent and placed him on twelve months probation. The juvenile appeals.

At the adjudicatory hearing, the trial judge, after hearing testimony from the child, determined without objection that she was not competent to be a witness in the case. The State’s evidence, to which there was no…