![]() ![]() The State introduced Detective James' voir dire testimony, which Judge Frye had excluded in the 2007 trial, and defendant objected. #Genstat 18 crack pro#Defendant appeared pro se and waived his right to court-appointed counsel. On 22 April 2008, defendant was retried on the charges of possession with intent to sell or deliver cocaine and attaining the status of an habitual felon. Judge Frye declared a mistrial on that charge and continued judgment for resisting a public officer. The jury found defendant guilty of resisting a public officer but was deadlocked on the charge of possession with intent to sell or deliver cocaine. Judge Frye expressed his concern that the jury might misinterpret the evidence to show defendant's propensity to commit the crime. Judge Frye, in his discretion, excluded Detective James' testimony and found that the circumstances of defendant's 2005 arrest were not sufficiently similar to the circumstances of the current case to be admitted for purposes of Rule 404(b). #Genstat 18 crack crack#Upon his arrest, the police seized four pieces of individually wrapped crack cocaine from defendant. Defendant said, “I got it” and reached into his pockets, at which point Detective James identified himself and arrested defendant. ![]() Defendant asked how much he needed, and Detective James told him he wanted, “a yard,” a term used to describe $100.00 of crack cocaine. Detective James testified that on 7 April 2005, he was working undercover about a block away from the intersection of Easton Drive and Louise Road, when he approached defendant and asked where he could get some crack. § 8C-1, Rule 404(b) (“Rule 404(b)”), to show defendant's intent to possess cocaine, knowledge of cocaine, and absence of mistake. James (“Detective James”), of the Winston-Salem Police Department, pursuant to N.C. The State presented the voir dire testimony of Detective T.D. § 15A-1241(b) to record all of the proceedings.ĭuring the 2007 trial, the State tendered evidence of defendant's 2005 arrest for possession with intent to sell and deliver cocaine. Judge Frye granted defendant's motion under N.C. #Genstat 18 crack trial#Douglas Albright granted defendant's motion to have his court-appointed counsel removed, and defendant waived his right to assigned counsel.ĭefendant appeared pro se for trial on 10 September 2007 (“2007 trial”), and Judge Henry E. § 14-7.1.ĭefendant was assigned counsel on 22 January 2007. § 14-223, and of attaining the status of an habitual felon in violation of N.C. § 90-95(a)(1), resisting a public officer in violation of N.C. Defendant was indicted on charges of possession with intent to manufacture, sell, or deliver cocaine in violation of N.C. Officer Knight continued to chase the defendant until Officer Luper intercepted and placed defendant under arrest. ![]() Officer Workman stopped at the tree and discovered four plastic bags, which collectively contained 2 grams of cocaine base, otherwise known as crack cocaine. While Officer Knight and Officer Workman ran after defendant, they saw him throw something toward a nearby tree. Defendant, holding something in his left hand, walked towards the officers' vehicle, waived his right hand, and yelled, “Yo! Yo! I got it.” When Officer Knight and Officer Workman stepped out of the car in their police uniforms, defendant looked “shocked” and ran away. At approximately 11:45 p.m., the officers approached the intersection of Easton Drive and Louise Road, where defendant and another male were standing. Knight, Christopher Luper, and Richard Workman (collectively “the officers”) of the Winston-Salem Police Department were on patrol in an unmarked vehicle in the Easton Community of Forsyth County. On the evening of 18 January 2007, Officers Michael C. For the reasons stated herein, we find no error. § 8C-1, Rule 404(b), of his 2005 arrest for the same offense. He argues that the trial court erred in admitting evidence, under N.C. ![]() Hosford, Wilmington, for defendant-appellant.ĭefendant appeals his conviction of possession with intent to sell or deliver cocaine. Decided: July 21, 2009Īttorney General Roy Cooper, by Special Deputy Attorney General T. ![]()
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