Criminal Practice – Assault – Evidence – Victim’s Testimony – Lay Opinion – Shot Trajectory

It was within the trial court’s discretion to admit a shooting victim’s lay opinion testimony about the trajectory of one of the bullets that struck him.

We find no error in defendant’s convictions of discharging a weapon into occupied proper5ty and assault with a deadly weapon inflicting serious injury.

Defendant shot the victim three times as the victim was stepping out of and then pulling himself back into his own truck. The victim testified that though he thought he had been shot in the buttocks, he later reasoned that he was shot right above the heart and that the bullet traveled through his body and rested in his hip. Also, he testified that he was no further than one foot away from the truck when shot based on the “angle” or “trajectory” of the bullet.

The victim testified from his personal observations of being shot three times. He used language such as “I think” and “I thought” to describe the experience.

It was within the trial court’s discretion to conclude that the victim was testifying about something (a) rationally based on his perception and (b) helpful to a clear understanding of his testimony or the determination of a fact in issue. N.C. R. Evid. 701. The trial court did not err in admitting the victim’s testimony.

In any event, other evidence included defendant’s admission to shooting at the victim and his vehicle. Defendant has failed to show that, had the victim’s testimony been excluded, a different would have been reached at trial.

No error.

State v. Chriscoe (Lawyers Weekly No. 012-496-20, 5 pp.) (Chris Dillon, J.) Appealed from Moore County Superior Court (James Webb, J.) Norlan Graves for the state; Richard Costanza for defendant. N.C. App. Unpub.