Criminal Practice – Constitutional – Confrontation Right – Absence from Trial – Evidence of Hospitalization – Assault – Restitution – Character Evidence

State v. Anderson (Lawyers Weekly No. 12-07-0813, 16 pp.) (Rick Elmore, J.) Appealed from Lincoln County Superior Court. (Marvin P. Pope Jr., J.) N.C. App. Full-text opinion.

Holding: When defendant didn’t show up for the second day of his trial, he had the burden of explaining his absence. He attempted to explain his absence by offering the following evidence: (1) a phone call from Stacie Wilson, a person who failed to provide any information as to who she was or what hospital defendant was in and (2) a note from Presbyterian Hospital indicating that defendant had been treated there at some point, but which lacked any indication of the date or time of treatment. This evidence was insufficient to satisfy defendant’s burden to explain his absence. Accordingly, defendant waived his right to confrontation.

We find no error in defendant’s conviction of felony assault with a deadly weapon inflicting serious injury. However, we reverse the restitution order and remand for further proceedings as to this issue.

A police sergeant testified that, during the search for defendant, he went to a home off of Campground Road because at one point the police “answered domestic calls out there” involving defendant and a girl he was dating. Since this statement was admitted for the sole purpose of explaining why officers searched for defendant at a particular location, it was not inadmissible because it incidentally reflected upon defendant’s character.

Further, we are not persuaded by defendant’s argument that he would not have been convicted by the jury had this testimony been excluded. The state presented overwhelming evidence of defendant’s guilt, including detailed testimony from the victim regarding how and when defendant shot him.

The trial court ordered defendant to pay restitution. However, there is no evidence in the record of the victim’s actual medical expenses. We reverse and remand the issue of restitution to the trial court for further proceedings.