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| State v. Johnson, NO. COA05-1403,
COURT OF APPEALS OF NORTH CAROLINA, January 2, 2007, Filed
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Overview: Aggravating facts were properly submitted to jury using special verdict under N.C. Gen. Stat. § 15A-1340.16 (2004); there was sufficient evidence to support instruction of leadership or dominance in commission of kidnapping and assault with deadly weapon where defendant drove the car that victim was forced into and told codefendants to kill victim.
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| State v. Lockhart, NO. COA06-174,
COURT OF APPEALS OF NORTH CAROLINA, January 2, 2007, Filed
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Overview: Because defendant's indictment for felonious escape tracked the statutory language of N.C. Gen. Stat. § 148-45(g), defendant was effectively charged with a work-release escape, regardless of whether the indictment's citation to § 148-45(b) was erroneous due to the fact that defendant was sufficiently apprised of the charge at issue.
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| State v. McDougald, NO. COA06-164,
COURT OF APPEALS OF NORTH CAROLINA, January 2, 2007, Filed
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Overview: Because defendant did not properly preserve his objection to a detective's testimony as prejudicial under N.C. Gen. Stat. § 8C-1, N.C. R. Evid. 403, review was for plain error only under N.C. R. App. P. 10(b)(1) and (c)(4); however, because defendant did not specifically allege plain error, he was not entitled to plain error review of the issue.
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| State v. McFadden, NO. COA06-519,
COURT OF APPEALS OF NORTH CAROLINA, January 2, 2007, Filed
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Overview: As defendant failed to show the court erred in sentencing defendant in the presumptive range as an habitual felon where the trial court made a brief comment regarding the sentencing range in terms of a failed plea bargain, the conviction and sentence of 145 to 183 months for robbery with a dangerous weapon and habitual felon status was affirmed.
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| State v. Myers, NO. COA04-567-2,
COURT OF APPEALS OF NORTH CAROLINA, January 2, 2007, Filed
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Overview: Appellate court affirmed the trial court's eventual ruling that granted defendants' motion to dismiss the second-degree murder charge against them; while the State's evidence raised a strong suspicion of defendants' guilt, it did not permit a reasonable inference that defendants were responsible for the victim's death.
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| State v. Nelson, NO. COA05-1677,
COURT OF APPEALS OF NORTH CAROLINA, January 2, 2007, Filed
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| State v. Perkins, NO. COA06-320,
COURT OF APPEALS OF NORTH CAROLINA, January 2, 2007, Filed
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Overview: A guilty verdict on misdemeanor breaking or entering did not, given the evidence at trial, necessarily preclude the jury from convicting defendant of felony larceny. Defendant was not entitled to a mistrial because the arguments for mistrial arose as a direct consequence of defendant's misconduct at trial.
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| State v. Pointer, NO. COA06-181,
COURT OF APPEALS OF NORTH CAROLINA, January 2, 2007, Filed
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Overview: In a case in which defendant was convicted of two counts of assault with a deadly weapon with intent to kill inflicting serious injury, the State presented sufficient evidence that defendant had the specific intent to kill; the number of stab wounds and the manner in which the stabbings took place were all relevant factors for jury to consider.
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| State v. Rabon, NO. COA06-121,
COURT OF APPEALS OF NORTH CAROLINA, January 2, 2007, Filed
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