In re Murdock

730 S.E.2d 811, 222 N.C. App. 45, 2012 WL 3176196, 2012 N.C. App. LEXIS 947
CourtCourt of Appeals of North Carolina
DecidedAugust 7, 2012
DocketNo. COA12-79
StatusPublished
Cited by1 cases

This text of 730 S.E.2d 811 (In re Murdock) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Murdock, 730 S.E.2d 811, 222 N.C. App. 45, 2012 WL 3176196, 2012 N.C. App. LEXIS 947 (N.C. Ct. App. 2012).

Opinion

THIGPEN, Judge.

Henry Edward Murdock (“Defendant”) appeals from two involuntary commitment orders following the determination that he was incapable of proceeding to trial. We must decide whether the trial court erred by concluding that Defendant was charged with a violent crime pursuant to N.C. Gen. Stat. § 15A-1003(a) (2011). We hold the trial court did not err by conducting a fact-based analysis in determining whether Defendant was charged with a violent crime under N.C. Gen. Stat. § 15A-1003(a). We further hold that based on the underlying factual scenario giving rise to Defendant’s charges, the [46]*46trial court did not err by concluding that Defendant was charged with a violent crime. Accordingly, we affirm.

I. Factual and Procedural Background

On 5 October 2009, Defendant was indicted for possession of a firearm by a felon, misdemeanor resisting an officer, and habitual felon status. Defendant’s counsel moved to have his client evaluated to determine his capacity to proceed to trial. A capacity hearing was held on 15 September 2010. The State presented evidence, including a report from Dr. David Hattem, a psychologist who had evaluated Defendant. Dr. Hattem’s report concluded that Defendant lacked capacity to proceed, and the trial court found Defendant incapable of proceeding to trial. The trial court then conducted a hearing pursuant to N.C. Gen. Stat. § 15A-1003 to determine whether Defendant met the criteria for involuntary commitment.

At the N.C. Gen. Stat. § 15A-1003 hearing, James Munger, an officer with the Laurinburg Police Department, testified that on 16 July 2009, he and Officer Wilkerson went to Defendant’s residence to serve a trespassing warrant on Defendant. When they arrived, Defendant was sitting on the porch drinking a beer. The officers advised Defendant that they were there to arrest him for trespassing. Defendant became agitated, said he wasn’t going, and ran into the house. The officers followed him into the back bedroom where Officer Wilkerson observed an open lock box on the bed and yelled, “gun.” The lock box contained a loaded revolver that was within “hand’s reach” of Defendant. Officer Munger grabbed Defendant and a “tussle” ensued. Defendant was subsequently taken to the ground and handcuffed. Officer Munger testified that Defendant resisted when he removed Defendant from the bedroom, and Defendant also resisted while being handcuffed. As a result of the events on 16 July 2009, Defendant was charged with possession of a firearm by a felon and misdemeanor resisting an officer.

Based on the evidence presented at the N.C. Gen. Stat. § 15A-1003 hearing, the trial court found that Defendant was incapable of proceeding and had been charged with a violent crime. The trial court also made the following findings in its 16 September 2010 involuntary commitment orders:

[Defendant] is charged with a violent crime in violation of [N.C. Gen. Stat.] 14-415.1; 14-223, in that the Defendant] upon being informed that he was to be arrested, fled from the officers by [47]*47moving from his porch to his bedroom, where the officers in immediate pursuit, found the Defendant] within arms reach of a firearm; that the Defendant], again within arms reach of the firearm, fought with the officers as they attempted to arrest him.

The trial court ordered Defendant taken into custody and transported to Cherry Hospital, a 24-hour facility, for “temporary custody, examination and treatment pending a district court hearing.”

On 10 October 2011, Defendant filed a petition for writ of certiorari seeking review of the 16 September 2010 involuntary commitment orders. This Court entered an order granting Defendant’s petition on 25 October 2011.

Defendant’s sole argument on appeal is that the trial court erred by concluding that Defendant was charged with a violent crime pursuant to N.C. Gen. Stat. § 15A-1003(a). Specifically, Defendant contends the trial court erred by applying a fact-based analysis in determining whether Defendant was charged with a violent crime.

II. Analysis

As a preliminary matter, we note that although Defendant’s term of involuntary commitment has expired,1 “a prior discharge will not render questions challenging the involuntary commitment proceeding moot.” In re Webber, 201 N.C. App. 212, 217, 689 S.E.2d 468, 472 (2009) (citation and quotation marks omitted). “When the challenged order may form the basis for future commitment or may cause other collateral legal consequences for the respondent, an appeal of that order is not moot.” Id. at 217, 689 S.E.2d at 472-73 (citation omitted). We, therefore, address the merits of this appeal.

“Where an appeal presents a question of statutory interpretation, full review is appropriate, and we review a trial court’s conclusions of law de novo.” State v. Davison, 201 N.C. App. 354, 357, 689 S.E.2d 510, 513 (2009) (quotation marks omitted), disc. review denied, 364 N.C. 599, 703 S.E.2d 738 (2010). “In matters of statutory construction, our primary task is to ensure that the purpose of the legislature, the legislative intent, is accomplished. Legislative purpose is first ascertained from the plain words of the statute.” Electric Supply Co. of Durham, Inc. v. Swain Elec. Co., Inc., 328 N.C. 651, 656, 403 S.E.2d 291, 294 (1991) (citations omitted). “Dictionaries may be used to determine the plain meaning of words.” Moore v. Proper,_N.C. [48]*48App._,_, 715 S.E.2d 586, 594 (2011) (quotation omitted), aff’d in part and remanded,_N.C._, 726 S.E.2d 812 (2012). “Courts also ascertain legislative intent from the policy objectives behind a statute’s passage and the consequences which would follow from a construction one way or another.” Electric Supply, 328 N.C. at 656, 403 S.E.2d at 294 (citation and quotation marks omitted).

N.C. Gen. Stat. § 15A-1003 governs the referral of an incapable defendant for civil commitment proceedings and provides in relevant part:

If the defendant was charged with a violent crime, including a crime involving assault with a deadly weapon, the judge’s custody order shall require a law-enforcement officer to take the defendant directly to a 24-hour facility as described in G.S. 122C-252; and the order must indicate that the defendant was charged with a violent crime and that he was found incapable of proceeding.

N.C. Gen. Stat. § 15A-1003(a).

Defendant contends the term “violent crime” in N.C. Gen. Stat. § 15A-1003(a) indicates the legislature’s intent to look at the elements of the offense charged in determining what constitutes a violent crime rather than looking at the underlying facts of the case. Thus, Defendant contends the trial court erred by applying a fact-based analysis instead of an elements-based analysis in determining whether Defendant was charged with a violent crime. The State, however, argues that N.C. Gen. Stat. § 15A-1003(a) “allows for either a fact based analysis or an element based analysis”; thus, the trial court did not err. We agree with the State.

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Bluebook (online)
730 S.E.2d 811, 222 N.C. App. 45, 2012 WL 3176196, 2012 N.C. App. LEXIS 947, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-murdock-ncctapp-2012.