An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.
IN THE COURT OF APPEALS OF NORTH CAROLINA
No. COA25-360
Filed 3 December 2025
Johnston County, Nos. 23CR266278-500, 23CR004343-500, 23CR004344-500
STATE OF NORTH CAROLINA
v.
DONALD WESLEY CURRIN, JR.
Appeal by defendant from judgment entered 18 July 2024 by Judge Thomas H.
Lock in Johnston County Superior Court. Heard in the Court of Appeals
18 November 2025.
Attorney General Jeff Jackson, by Assistant Attorney General William L. Flowers, III, for the State.
Richard J. Costanza for defendant-appellant.
ARROWOOD, Judge.
Donald Wesley Currin Jr. (“defendant”) appeals from judgment entered
18 July 2024 upon his conviction of: (1) possession of a firearm by a felon; (2) felony
possession of cocaine; and (3) attaining habitual felon status. Defendant argues that
he received ineffective assistance of counsel. For the following reasons, we discern STATE V. CURRIN
Opinion of the Court
no prejudicial error and affirm defendant’s convictions.
I. Background
On 25 March 2023, defendant was at the home of his girlfriend, Melissa Oakley
(“Oakley”). Defendant did not reside in the home but often spent nights there and
had a set of keys to the residence. When Oakley arrived home that evening,
defendant was sitting on the back porch. He was intoxicated and drinking from a
fifth of Evan Williams. Oakley drank a few shots of Crown Apple soon after she got
home.
Later that evening, Oakley shouted at defendant to go inside and “popped” him
on the face. According to Oakley, defendant then picked her up by the throat,
slammed her into the ground, pulled a gun out from his right side, and pointed the
gun at her face. Oakley’s son, Kalup Seaberry (“Kalup”), saw the altercation and
alerted Oakley’s mother, Tammy Pruitt (“Pruitt”). Pruitt went outside to the back
porch while Kalup called 911.
Deputy Sherriff Cobi Taylor responded to the call. Deputy Taylor had several
years of experience and training in law enforcement, including in narcotics and
responding to domestic calls. When he arrived, Deputy Taylor saw defendant on the
back porch wearing a t-shirt with the words “Fuquay Gun and Gold.” Another officer
searched the outside of a shed in the backyard and found a handgun with a brown
holster, an AR-styled rifle, a shotgun, and two bolt-action rifles. Additionally, officers
found a pellet gun and a bag that contained several magazines for a handgun by the
-2- STATE V. CURRIN
porch where defendant had been sitting. When asked about the firearms, defendant
was adamant that they did not belong to him.
Deputy Taylor then placed defendant under arrest for assault by pointing a
gun and possession of a firearm by a felon. Deputy Taylor proceeded to search
defendant and found a small bag containing a white powdery substance in his wallet.
A field test of the powder and later State Crime Lab analysis confirmed it was cocaine.
Defendant was silent during his arrest and made no statements about the cocaine.
The case came on for trial on 15 July 2024 and the State presented testimony
from several witnesses and officers. Kalup and Pruitt both testified that they saw
defendant point a handgun at Oakley and had seen defendant with the same handgun
and holster earlier in the day. Additionally, Oakley testified that prior to the
incident, she had seen defendant with the handgun and that it was normal for
defendant to have that handgun and holster on him. Oakley also denied having any
knowledge of the firearms found by her shed and admitted to not being allowed to
legally possess firearms.
Deputy Taylor testified about his observations that night and the process
surrounding defendant’s initial appearance before the magistrate. He stated “[t]he
magistrate either finds probable cause or not probable cause to charge the
defendant. . . . in this case the magistrate found probable cause to charge
[defendant].” Additionally, Deputy Taylor testified about defendant’s silence when
he was arrested and the cocaine was found. The State then emphasized that
-3- STATE V. CURRIN
testimony in its closing argument, telling the jury that defendant was silent because
“he knows it’s in there . . . He knows he has that cocaine. He doesn’t put up a fuss
about it, and he certainly has the power and control and disposition of its use.”
Defendant’s attorney did not object to Deputy Taylor’s testimony about the
magistrate and defendant’s silence nor the State’s closing argument.
On 18 July 2024, the jury found defendant guilty of possession of a firearm by
a felon and felony possession of cocaine. The jury found defendant not guilty of
assault by a pointed gun. Defendant pled guilty to attaining habitual felon status.
Defendant filed notice of appeal to this court on 23 July 2024.
II. Discussion
Defendant argues that he received ineffective assistance of counsel when his
attorney failed to object to Deputy Taylor’s testimony about the magistrate’s finding
of probable cause and defendant’s silence during his arrest, as well as the State’s
closing argument that defendant’s silence indicated that he was guilty of possession
of cocaine. In response, the State argues that defendant’s claim is premature and
fails to demonstrate prejudice.
A. Standard of Review
This Court applies a de novo standard of review when assessing ineffective
assistance of counsel claims on direct appeal. State v. Wilson, 236 N.C. App. 472, 475
(2014).
B. Ineffective Assistance of Counsel
-4- STATE V. CURRIN
Ineffective assistance of counsel claims may be presented on direct appeal or
by a motion for appropriate relief. When presented on direct appeal, ineffective
assistance of counsel claims “will be decided on the merits when the cold record
reveals that no further investigation is required, i.e., claims that may be developed
and argued without such ancillary procedures as the appointment of investigators or
an evidentiary hearing.” State v. Fair, 354 N.C. 131, 166 (2001). In other words,
where the record and the trial court’s order are sufficient to assess the ineffective
assistance of counsel claim, it may be reviewed on direct appeal. See State v. Oglesby,
382 N.C. 235, 245 (2022). Claims arising from an attorney’s failure to object at trial
often do not require further investigation and can be brought and decided on direct
appeal. See Fair, 354 N.C. at 166, 168; State v. Turner, 237 N.C. App. 388, 396 (2014);
State v. Hartley, 212 N.C. App. 1, 11–12 (2011).
In Strickland v. Washington, 466 U.S. 668, 687 (1984), the United States
Supreme Court established a two-part test for ineffective assistance of counsel that
our Supreme Court subsequently adopted in State v. Braswell, 312 N.C. 553, 562
(1985). Under that test, the defendant must show that 1) their counsel’s performance
was deficient and 2) the deficient performance prejudiced the defense. Braswell, 312
N.C. at 562.
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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.
IN THE COURT OF APPEALS OF NORTH CAROLINA
No. COA25-360
Filed 3 December 2025
Johnston County, Nos. 23CR266278-500, 23CR004343-500, 23CR004344-500
STATE OF NORTH CAROLINA
v.
DONALD WESLEY CURRIN, JR.
Appeal by defendant from judgment entered 18 July 2024 by Judge Thomas H.
Lock in Johnston County Superior Court. Heard in the Court of Appeals
18 November 2025.
Attorney General Jeff Jackson, by Assistant Attorney General William L. Flowers, III, for the State.
Richard J. Costanza for defendant-appellant.
ARROWOOD, Judge.
Donald Wesley Currin Jr. (“defendant”) appeals from judgment entered
18 July 2024 upon his conviction of: (1) possession of a firearm by a felon; (2) felony
possession of cocaine; and (3) attaining habitual felon status. Defendant argues that
he received ineffective assistance of counsel. For the following reasons, we discern STATE V. CURRIN
Opinion of the Court
no prejudicial error and affirm defendant’s convictions.
I. Background
On 25 March 2023, defendant was at the home of his girlfriend, Melissa Oakley
(“Oakley”). Defendant did not reside in the home but often spent nights there and
had a set of keys to the residence. When Oakley arrived home that evening,
defendant was sitting on the back porch. He was intoxicated and drinking from a
fifth of Evan Williams. Oakley drank a few shots of Crown Apple soon after she got
home.
Later that evening, Oakley shouted at defendant to go inside and “popped” him
on the face. According to Oakley, defendant then picked her up by the throat,
slammed her into the ground, pulled a gun out from his right side, and pointed the
gun at her face. Oakley’s son, Kalup Seaberry (“Kalup”), saw the altercation and
alerted Oakley’s mother, Tammy Pruitt (“Pruitt”). Pruitt went outside to the back
porch while Kalup called 911.
Deputy Sherriff Cobi Taylor responded to the call. Deputy Taylor had several
years of experience and training in law enforcement, including in narcotics and
responding to domestic calls. When he arrived, Deputy Taylor saw defendant on the
back porch wearing a t-shirt with the words “Fuquay Gun and Gold.” Another officer
searched the outside of a shed in the backyard and found a handgun with a brown
holster, an AR-styled rifle, a shotgun, and two bolt-action rifles. Additionally, officers
found a pellet gun and a bag that contained several magazines for a handgun by the
-2- STATE V. CURRIN
porch where defendant had been sitting. When asked about the firearms, defendant
was adamant that they did not belong to him.
Deputy Taylor then placed defendant under arrest for assault by pointing a
gun and possession of a firearm by a felon. Deputy Taylor proceeded to search
defendant and found a small bag containing a white powdery substance in his wallet.
A field test of the powder and later State Crime Lab analysis confirmed it was cocaine.
Defendant was silent during his arrest and made no statements about the cocaine.
The case came on for trial on 15 July 2024 and the State presented testimony
from several witnesses and officers. Kalup and Pruitt both testified that they saw
defendant point a handgun at Oakley and had seen defendant with the same handgun
and holster earlier in the day. Additionally, Oakley testified that prior to the
incident, she had seen defendant with the handgun and that it was normal for
defendant to have that handgun and holster on him. Oakley also denied having any
knowledge of the firearms found by her shed and admitted to not being allowed to
legally possess firearms.
Deputy Taylor testified about his observations that night and the process
surrounding defendant’s initial appearance before the magistrate. He stated “[t]he
magistrate either finds probable cause or not probable cause to charge the
defendant. . . . in this case the magistrate found probable cause to charge
[defendant].” Additionally, Deputy Taylor testified about defendant’s silence when
he was arrested and the cocaine was found. The State then emphasized that
-3- STATE V. CURRIN
testimony in its closing argument, telling the jury that defendant was silent because
“he knows it’s in there . . . He knows he has that cocaine. He doesn’t put up a fuss
about it, and he certainly has the power and control and disposition of its use.”
Defendant’s attorney did not object to Deputy Taylor’s testimony about the
magistrate and defendant’s silence nor the State’s closing argument.
On 18 July 2024, the jury found defendant guilty of possession of a firearm by
a felon and felony possession of cocaine. The jury found defendant not guilty of
assault by a pointed gun. Defendant pled guilty to attaining habitual felon status.
Defendant filed notice of appeal to this court on 23 July 2024.
II. Discussion
Defendant argues that he received ineffective assistance of counsel when his
attorney failed to object to Deputy Taylor’s testimony about the magistrate’s finding
of probable cause and defendant’s silence during his arrest, as well as the State’s
closing argument that defendant’s silence indicated that he was guilty of possession
of cocaine. In response, the State argues that defendant’s claim is premature and
fails to demonstrate prejudice.
A. Standard of Review
This Court applies a de novo standard of review when assessing ineffective
assistance of counsel claims on direct appeal. State v. Wilson, 236 N.C. App. 472, 475
(2014).
B. Ineffective Assistance of Counsel
-4- STATE V. CURRIN
Ineffective assistance of counsel claims may be presented on direct appeal or
by a motion for appropriate relief. When presented on direct appeal, ineffective
assistance of counsel claims “will be decided on the merits when the cold record
reveals that no further investigation is required, i.e., claims that may be developed
and argued without such ancillary procedures as the appointment of investigators or
an evidentiary hearing.” State v. Fair, 354 N.C. 131, 166 (2001). In other words,
where the record and the trial court’s order are sufficient to assess the ineffective
assistance of counsel claim, it may be reviewed on direct appeal. See State v. Oglesby,
382 N.C. 235, 245 (2022). Claims arising from an attorney’s failure to object at trial
often do not require further investigation and can be brought and decided on direct
appeal. See Fair, 354 N.C. at 166, 168; State v. Turner, 237 N.C. App. 388, 396 (2014);
State v. Hartley, 212 N.C. App. 1, 11–12 (2011).
In Strickland v. Washington, 466 U.S. 668, 687 (1984), the United States
Supreme Court established a two-part test for ineffective assistance of counsel that
our Supreme Court subsequently adopted in State v. Braswell, 312 N.C. 553, 562
(1985). Under that test, the defendant must show that 1) their counsel’s performance
was deficient and 2) the deficient performance prejudiced the defense. Braswell, 312
N.C. at 562. If a reviewing court can determine at the outset that the prejudice prong
is not met, then the court need not determine whether counsel's performance was
actually deficient. Braswell, 312 N.C. at 563.
To satisfy the prejudice prong, “[t]he defendant must show that there is a
-5- STATE V. CURRIN
reasonable probability that, but for counsel’s unprofessional errors, the result of the
proceeding would have been different.” Strickland, 466 U.S. at 694. “A reasonable
probability is a probability sufficient to undermine confidence in the outcome.” Id.
The likelihood of a different result must be substantial, but the reasonable probability
standard requires less than plain error. State v. Lane, 271 N.C. App. 307, 314 (2020)
(citing Harrington v. Richter, 562 U.S. 86, 112 (2011)).
Here, defendant’s claim requires no further investigation, and the record is
sufficient to show that the alleged errors of defendant’s counsel did not prejudice his
defense. Accordingly, we can review defendant’s claim on direct appeal and decide it
on the merits. Furthermore, because defendant fails to show prejudice, we do not
determine whether counsel’s performance was actually deficient.
There was sufficient evidence of defendant’s guilt presented at trial such that
there is not a reasonable probability that the result would have been different absent
counsel’s alleged errors. Defendant’s conviction of cocaine possession was supported
by witness testimony and lab tests. Deputy Taylor, an officer with experience in
narcotics investigations, testified that he found white powder on defendant’s person.
The powder was confirmed to be cocaine through both a field test and subsequent lab
tests. Even without the testimony and arguments about defendant’s silence and the
magistrate’s finding of probable cause, the State had presented ample evidence that
defendant possessed cocaine. Moreover, defendant presented no evidence to the
contrary. Thus, there is not a reasonable probability that, but for counsel’s errors,
-6- STATE V. CURRIN
the jury would not have convicted defendant of felony possession of cocaine.
Similarly, there was enough evidence supporting defendant’s conviction of
possession of a firearm by a felon that absent counsel’s alleged error, the outcome
most likely would have been the same. The only alleged error relevant to the jury’s
conclusion that defendant possessed a firearm was counsel’s failure to object to
Deputy Taylor’s testimony about the magistrate finding probable cause. Meanwhile,
three separate witnesses testified to having seen defendant carrying and pointing a
gun. Defendant argues that the acquittal of his assault charge indicates that the jury
had some measure of disbelief in the testimonies of Oakley and her family. However,
the jury could have acquitted defendant of assault while still believing at least the
portions of witness testimony that defendant was carrying a handgun. Moreover,
even if we assume the jury did not believe their testimony, several guns and a holster
were found in the backyard and a pouch with handgun magazines was found by the
back porch where defendant had been sitting all night. In the face of this evidence,
the exclusion of Deputy Taylor’s testimony about the magistrate’s finding of probable
cause does not create a reasonable probability that the jury would have reached a
different conclusion about defendant’s guilt.
Defendant has failed to show that his counsel’s allegedly deficient performance
prejudiced the defense. Accordingly, his ineffective assistance of counsel claim fails.
III. Conclusion
-7- STATE V. CURRIN
For the foregoing reasons, we hold that defendant did not receive ineffective
assistance of counsel, and accordingly we discern no prejudicial error.
NO PREJUDICIAL ERROR.
Judges COLLINS and HAMPSON concur.
Report per Rule 30(e).
-8-