State v. Adams

721 S.E.2d 391, 218 N.C. App. 589, 2012 N.C. App. LEXIS 211
CourtCourt of Appeals of North Carolina
DecidedFebruary 7, 2012
DocketNo. COA11-561
StatusPublished
Cited by2 cases

This text of 721 S.E.2d 391 (State v. Adams) 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
State v. Adams, 721 S.E.2d 391, 218 N.C. App. 589, 2012 N.C. App. LEXIS 211 (N.C. Ct. App. 2012).

Opinion

HUNTER, JR., Robert N., Judge.

Norman Adams (“Defendant”) appeals from his convictions for trafficking in cocaine by possession, trafficking in cocaine by transportation, and conspiracy to traffic in cocaine by transportation. Defendant argues the trial court erred by (1) denying Defendant’s request for an entrapment instruction and (2) denying Defendant’s motion to dismiss. For the following reasons, we find no error.

I. Factual & Procedural Background

On 4 September 2007, the Mecklenburg County Grand Jury indicted Defendant for trafficking in cocaine by possession. On 24 March 2008, Defendant was indicted for trafficking in cocaine by transportation and conspiracy to traffic in cocaine by transportation, possession, and sale. The case was set for trial during the 6 September 2010 session of the Mecklenburg County Superior Court before Judge Linwood O. Foust. On 7 September 2010, the State dismissed the charges for conspiracy to possess a trafficking amount of cocaine and conspiracy to sell a trafficking amount of cocaine. On 7 September 2010, Defendant filed a notice of his intention to assert entrapment as an affirmative defense.

The State’s evidence at trial tended to show the following. Defendant received several calls starting on 23 August 2007 from “Shaw,” a confidential informant working with detectives from York County, South Carolina. Shaw asked Defendant for a “9,” slang for 9 ounces of cocaine. Defendant told Shaw that he did not have any [591]*591cocaine but that he would “call a guy.” Defendant called Kendrick Armstrong to ask about obtaining cocaine for Shaw. After Mr. Armstrong did not return Defendant’s call, Defendant traveled to Mr. Armstrong’s house to find him.

On 24 August 2007, Defendant drove Mr. Armstrong to Woodlawn Green Business Park in Charlotte, where Defendant had arranged with Shaw for a purchase of cocaine to take place. Detectives from the Charlotte-Mecklenburg Police Department who had been contacted by officials from York County observed from a distance a truck driven by Defendant arrive at the pre-arranged location. The detectives observed the truck drive through the business park, turn around, and then leave. Defendant did not see Shaw at the location, so he drove to Murphy’s Tavern, located across the street from the business park.

At Murphy’s Tavern, officers moved in to arrest both men. Detective Gregory Heifner approached the truck with his weapon drawn, announced that he was with the police, and ordered the occupants of the truck to raise their hands. Detective Heifner saw a “tennis-ball-sized” bag of white powder sitting on a set of scales on the floorboard of the console near the transmission hump between the seats of the truck. Officer Brian Walsh approached the driver’s side door of the truck where he removed the Defendant from the truck and placed him under arrest. As Officer Walsh removed Defendant from the truck, he noticed a small bag of white powder fall to the ground.

Detective Kelly Little supervised the handling and collecting of evidence. Detective Little collected what he measured to be 87.5 grams of white powder from the bag sitting on the scales on the floorboard. He also collected what he measured as 10.7 grams of white powder from the ground next to the driver’s side of the truck; 8.2 grams of marijuana; cell phones; two digital scales; and 9/10 of a gram of cocaine. Jennifer Liser, a forensic chemist for the CharlotteMecklenburg Police Department, tested the white powder collected from the scene of the arrest. Ms. Liser concluded the powder contained cocaine, the larger bag weighing 84.68 grams and the smaller bag weighing 8.60 grams.

Detective Dan Kellough interviewed Defendant later that night. Defendant told Detective Kellough that after picking up Mr. Armstrong, Defendant knew Mr. Armstrong had cocaine on him. Defendant said that they had left the business park because [592]*592Defendant did not see anyone there and that they went to Murphy’s Tavern to find out where Shaw was. Defendant told Detective Kellough that he had been involved as a middle man in a drug deal at least one time prior to the incident in question.

At the conclusion of the State’s evidence, Defendant made a motion to dismiss, which the trial court denied. Defendant testified on his own behalf. Defendant stated that Shaw called him repeatedly, up to 20 times in four hours. He testified that he borrowed a friend’s truck to pick up Mr. Armstrong and that he didn’t know anything about drugs. Defendant admitted on cross-examination that he had been the middle man in a purchase once before. Defendant renewed his motion to dismiss at the close of all of the evidence, and the trial court again denied his motion.

Defendant requested the pattern jury instruction regarding entrapment. The trial court denied Defendant’s request. On 10 September 2010, a jury found Defendant guilty of trafficking in cocaine by possession, conspiracy to traffic in cocaine by transportation, and trafficking in cocaine by transportation. Defendant was sentenced to a minimum of 35 months and a maximum of 42 months imprisonment.

II. Jurisdiction & Standard of Review

Defendant appeals from a final judgment in superior court where he was convicted of a non-capital offense. Therefore, we have jurisdiction over his appeal pursuant to N.C. Gen. Stat. § 7A-27(b) (2011).

The standard of review for atrial court’s decision regarding a jury instruction is de novo. State v. Jenkins, 202 N.C. App. 291, 296, 688 S.E.2d 101, 105 (2010). We also review the trial court’s denial of Defendant’s motion to dismiss de novo. State v. Smith, 186 N.C. App. 57, 62, 650 S.E.2d 29, 33 (2007).

III. Analysis

A. Entrapment

Defendant contends the trial court erred in denying Defendant’s request for an entrapment instruction. We disagree.

The burden of proving the affirmative defense of entrapment lies with the defendant. State v. Hageman, 307 N.C. 1, 28, 296 S.E.2d 433, 448 (1982). “Before a Trial Court can submit such a defense to the jury there must be some credible evidence tending to support the defendant’s contention that he was a victim of entrapment, as that [593]*593term is known to the law.”' State v. Luster, 306 N.C. 566, 571, 295 S.E.2d 421, 424 (1982) (quotation marks and citations omitted). In deciding whether an instruction on entrapment should be given, the evidence is viewed in the light most favorable to the defendant. State v. Jamerson, 64 N.C. App. 301, 303, 307 S.E.2d 436, 437 (1983).

A defendant must prove two elements to warrant an entrapment instruction: “ ‘(1) law enforcement officers or their agents engaged in acts of persuasion, trickery or fraud to induce the defendant to commit a crime, and (2) the criminal design originated in the minds of those officials, rather than with the defendant.’ ” State v. Branham, 153 N.C. App. 91, 100, 569 S.E.2d 24, 29 (2002) (citation omitted).

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Court of Appeals of North Carolina, 2015
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Cite This Page — Counsel Stack

Bluebook (online)
721 S.E.2d 391, 218 N.C. App. 589, 2012 N.C. App. LEXIS 211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-adams-ncctapp-2012.