STATE OF NORTH CAROLINA 16CR 733860

Guilford In The General Court Of Justice

County 0 District fl Superior Court Division
STATE VERSUS
Defendant Name DISMISSAL
NOTICE OF REINSTATEMENT
Donald Ray Vaughan (For Offenses Committed On Or After Dec. 1, 2013)
G.S. 15A-302(e), -931, -932
File Number Count No(s) Offense(s)
16CR 733860 1 Contributing to the Delinquency of a Juvenile

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NOTE: Recall all outstanding Orders For Arrest in a dismissed case. ur
The undersigned prosecutor enters a dismissal to the above charge(s) and assigns the following reasons: 2
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NI 1. No crime is charged. :Ii
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0 2. There is insufficient evidence to warrant prosecution for the following reasons:
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fl 3. Defendant has agreed to plead guilty to the following charges:

in exchange for a dismissal of the following charges:

fl 4. Other: (specify) fl See additional information on reverse.

A jury has notbeen impaneled nor has evidence been introduced. (If a jury has been impaneled, or if evidence has been introduced, modify
this sentence accordingly.)

DISMISSAL WITH LEAVE

The undersigned prosecutor enters a dismissal with leave to the above charge(s) and assigns the following reasons:
fl 1. The defendant failed to appear for a criminal proceeding at which the defendant's attendance was required and the
prosecutor believes that the defendant cannot readily be found.
2. The defendant has been indicted and cannot readily be found to be served with an Order For Arrest.
3. The defendant has entered into a deferred prosecution agreement with the prosecutor in accordance with the provisions of
Article 82 of G.S. Chapter 15A.
4. Other: (specify) fl See additional information on reverse.

NOTE: This form must be completed and signed by the prosecutor when the dismissal occurs out of court The better practice is for the prosecutor to
complete and sign the form when the charges are orally dismissed in open court.
Also, in accordance with G.S. 15A-931(a1), unless the defendant or the defendant's attomey has been otherwise notified by the prosecutor, a
written dismissal of the charges against the defendant must be served in the same manner prescribed for motions under C. 3. 15A-951. If the
record reflects that the defendant is in custody, the written dismissal shall also be served by the prosecutor on the chief officer of the
custodial facility where the defendant is in custody. .
Date Name Of Prosecutor (Type Or Print) S. at Of Prosecutor
07/31/2017 Thomas J. Keith I (62.011"
REINSTATEMENT
This case, having previously been dismissed with leave as indicated above, is now reinstated for trial.
Date Name Of Prosecutor (Type Or Print) Signature Of Prosecutor

(Over)
AOC-CR-307B, New 12/13
2013 Administrative Office of the Courts
NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
ROCKINGHAM COUNTY Guilford - 16 CR 733860

STATE OF NORTH CAROLINA )

v. ATTACHMENT "A"
REASON FOR DISMISSAL
DONALD RAY VAUGHAN

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For a Conviction of Contributing to the Delinquency of a Minor (G.S. 14-316.1), the Statealas tO=
prove that the defendant, Donald Ray Vaughan, "....knowingly and willfully... cauS[ed]...tor .::.
aid[edl" a person under 16 "...to commit an act..." defined by G.S. 7B-1501 that Would csuse the
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juvenile to be "...adjudged delinquent...." To be a "delinquent" the minor has to be able be .-&-
convicted of a crime or infraction (G.S. 7B-1501(7)).
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FACTS c; IV

By time the police officers had arrived at the defendant's house, most of the young party goers
had left the scene. The defendant's 15 year old daughter remained. She did not possess any
alcoholic beverage or marijuana and there was no evidence or testimony of her having used any
alcoholic beverages or marijuana at the party.

Further, by time the police had secured the scene and began their investigation, there was no
evidence of any other party goers present under 16 years old that were in possession of alcoholic
beverages or marijuana.

Therefore, of the remaining people present, including the defendant's 15 year old daughter, none
could have been "adjudged delinquent" for possession of an alcoholic beverage by a minor or
possession of marijuana.

CONCLUSION

After reading all reports and talking to the arresting officer, the State has no other evidence of
possession of alcohol or marijuana by anyone under 16 years of age that would lead to an
adjudication of delinquency. Such is necessary in order to support a conviction of Contributing to
the Delinquency of a Minor. Therefore, the State must dismiss this case.

This the
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DistrictAttorney, 17A