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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 defendant received the statutorily required 30 days’ notice of the state’s intent to pursue this ...

A detective failed to show probable cause for an order to obtain defendant’s historical cellphone location data when he based his application on uncorroborated information from an anonymous source, who was not shown to be reliable. Moreover, there is no good faith exception to the exclusionary rule under the North Carolina Constitution. We reverse the ...

Defendant’s abuse of the victim herein, “Sally,” shared key similarities to his previous abuse of witnesses Ms. D and Mr. E: Each victim was prepubescent when abused; defendant met each victim after developing a relationship of trust with the victim’s parent or parental figure, and then with the victims; defendant physically isolated the victims from ...

Even according to defendant’s version of events, his accomplice shot the victim multiple times in close proximity. The state’s evidence showed that defendant himself fired the shots that hit the victim in the face, hand and neck. Defendant’s contention that he did not plan to hurt or kill anyone in the robbery does not refute ...

The pro se defendant sought to cross-examine the victim about their relationship prior to the victim’s claim that he was stalking her, but, each time, the trial court sustained the state’s objections before the victim had a chance to answer. Since defendant made no proffer of proof, we cannot determine whether the alleged evidentiary errors ...