At defendant’s sentencing hearing, the trial court asked defense counsel if defendant wished to be heard, and counsel answered, “No, Your Honor.” Thereafter, the trial court imposed a civil judgment forgiving certain fees, imposing others, and requiring defendant to pay ...

Tagged with: Criminal Practice

Even though defendant complains that the state only presented a “guesstimation” of the amount stolen from the machines at an arcade – the arcade’s manager estimated that approximately $1,500 was missing while the arcade’s owner based her estimate of $1,856.75 ...

Tagged with: Criminal Practice

Even though the trial court ruled in limine that evidence concerning the complainant’s statements about her sexual activity were inadmissible, since defendant did not object or attempt to introduce such evidence at trial, he did not preserve for appeal his ...

Tagged with: Criminal Practice

Defendant was charged with felony child abuse inflicting serious bodily injury and requested a jury instruction on the lesser-included offense of felony child abuse inflicting serious physical injury. However, to prove bodily injury, the state had two experts who testified ...

Tagged with: Criminal Practice

One sentencing point increased defendant’s prior record level from III to IV. That point came from G.S. § 15A-1340.14(b)(7), i.e., the offense was committed while defendant was on probation, parole, or post-release supervision. Although the record does not show that ...

Tagged with: Criminal Practice

Although a deputy sheriff did not observe any indication that defendant was driving while impaired, the deputy could nevertheless stop defendant in response to a “be on the lookout” based on a 911 call from someone who claimed to have ...

Tagged with: Criminal Practice

Evidence of defendant’s beating of Eddie Harvey moments before defendant fatally shot Dakota Moore was admissible under N.C. R. Evid. 404(b) to show the sequence of events leading to Moore’s death. The evidence of this earlier assault explained why defendant ...

Tagged with: Criminal Practice

On appeal from a 2020 satellite-based monitoring (SBM) order, defendant attempts to challenge findings entered in 2013 when he pled guilty to second-degree sexual offense. This court is without jurisdiction to review the issue of qualification for SBM enrollment as ...

Tagged with: Criminal Practice

Although the arresting officer should not have been allowed to testify as an expert on what substances defendant may have taken, the error was not prejudicial since a certified Drug Recognition Expert gave substantially similar testimony. We find no error ...

Tagged with: Criminal Practice

Pursuant to former versions of recently amended statutes (G.S. §§ 15A-544.8(b) and -544.4(e)), the trial court lacked discretion to deny the surety’s motion to set aside a bond forfeiture when, as here, the court had failed to give the surety ...

Tagged with: Criminal Practice