State v. Forrest

596 S.E.2d 22, 164 N.C. App. 272, 2004 N.C. App. LEXIS 827
CourtCourt of Appeals of North Carolina
DecidedMay 18, 2004
DocketCOA03-806
StatusPublished
Cited by39 cases

This text of 596 S.E.2d 22 (State v. Forrest) 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. Forrest, 596 S.E.2d 22, 164 N.C. App. 272, 2004 N.C. App. LEXIS 827 (N.C. Ct. App. 2004).

Opinions

TYSON, Judge.

Willie Forrest, III, (“defendant”) appeals from judgments entered after a jury found him to be guilty of first-degree kidnapping, assault with a deadly weapon, and assault upon a law enforcement officer. We hold defendant received a trial free from error.

I. Background

The State’s evidence tended to show that on 9 October 2002 members of the Selective Enforcement Unit of the Raleigh Police Department went to the home of Cynthia Moore (“Moore”), defendant’s aunt. The police officers had reason to believe that defendant was present at the residence and armed with a knife and gun. The officers observed the house for approximately one hour.

While under observation, a man drove up to the house and knocked on the door. Defendant walked out onto the porch and asked the man to give him Moore’s car keys. Moore walked out onto the porch and began walking down the steps. Defendant grabbed Moore around the waist and walked her back into the house. Defendant and Moore walked back out onto the porch approximately thirty minutes later. Defendant had his arm around Moore’s shoulder and held a knife to her. The officers observed Moore trying to pull away from defendant. During this time, another police car appeared, and Moore stated, “See that. Them be here later.” Defendant responded, “I know what those mother f — ers are looking for. They are coming for me.” Defendant dragged Moore back inside her house.

Between twenty and thirty minutes later, defendant and Moore came out onto the porch again. Defendant still held the knife in one hand while restraining Moore with the other. They sat on the porch for a few minutes and returned inside the house. When defendant and Moore next exited the house, defendant was holding the knife six inches from Moore’s throat. The weapon appeared to be a heavy hunting knife with a four-inch blade. Defendant also held a second knife in his other hand, which appeared to be a steak knife approximately four-inches long. Defendant and Moore began to walk down the sidewalk towards the street.

[274]*274The officers were instructed to take defendant down. The officers illuminated the lights mounted on their long weapons and ordered defendant to drop the knife. Defendant did not obey the command and began saying, “Don’t do it, don’t do it.” The officers closed in on defendant, he dropped the knife in his left hand, grabbed Moore tighter, and took her onto the ground as he fell on his back. The hunting knife remained four inches from Moore’s throat. Defendant used Moore as a shield to prevent the officers from shooting him. Two officers placed submachine guns to defendant’s forehead and instructed him to drop the knife. Defendant refused, and the officers grabbed his hands while removing Moore from defendant’s grasp. Defendant began shouting, “You are going to have to kill me, you are going to have to shoot me.” As Officer A.A. Boone (“Officer Boone”.) removed the knife from defendant’s hand, defendant rolled over onto his stomach with one of his hands underneath him. Officer Boone tried to grab defendant’s concealed hand, and defendant bit into Officer Boone’s finger. The officers eventually restrained defendant.

Moore suffered small lacerations and bruises on her neck, in addition to a one-and-one-half-inch laceration on her arm with a smaller, very deep laceration in the middle of the cut, which was bleeding profusely. Moore was shaking, crying, and very nervous immediately after the incident. She immediately told Detective Melanie Blalock (“Detective Blalock”) what defendant had done to her while they were inside the house.

Defendant testified on his own behalf and stated that he always carries knives for protection, but that he never cut Moore and never held a knife to her throat. He stated that he and Moore were walking down the sidewalk hugging and talking. Defendant explained Moore fell to the ground because he tripped while holding onto her. Defendant denied biting Officer Boone and stated he did not have teeth at the time.

The jury found defendant to be guilty of first-degree kidnapping, ■assault with a deadly weapon, and assault upon a law enforcement officer. Defendant was sentenced in the aggravated range for 210 months to 261 months for first-degree kidnapping and a consecutive sentence of 150 days for the assault on a law enforcement officer. The trial court arrested judgment for assault with a deadly weapon. Defendant appeals.

[275]*275II. Issues

The issues are whether the trial court erred in: (1) preventing defendant from personally presenting his closing arguments to the jury, in violation of his Sixth Amendment rights; (2) instructing the jury on first-degree kidnapping; and (3) allowing a State’s witness to present testimony regarding statements made by the victim immediately following defendant’s arrest.

III. Sixth Amendment Right to Counsel

Defendant contends that the trial court violated his Sixth Amendment rights by not allowing him to personally present closing arguments to the jury. We disagree.

The Sixth Amendment to the United States Constitution and Article 1, Section 23 of the North Carolina Constitution provide that every criminal defendant has the right to counsel, either by a retained attorney, an appointed attorney, or the right to self-representation. U.S. Const, amend. VI; N.C. Const, art. 1, § 23. “A defendant has only two choices- — ‘to appear in propria persona or, in the alternative, by counsel. There is no right to appear both in propria persona and by counsel.’ ” State v. Thomas, 331 N.C. 671, 677, 417 S.E.2d 473, 477 (1992), appeal dismissed and disc. rev. denied, 351 N.C. 119, 541 S.E.2d 468 (1999) (quoting State v. Parton, 303 N.C. 55, 61, 277 S.E.2d 410, 415 (1981), disavowed on other grounds by State v. Freeman, 314 N.C. 432, 333 S.E.2d 743 (1985)). N.C. Gen. Stat. § 1-11 (2003) provides that “[a] party may appear either in person or by attorney in actions or proceedings in which he is interested.” (emphasis supplied).

When a defendant chooses to be represented by counsel, “[tactical decisions at trial, other than the right to testify and plead, are generally left to attorney discretion.” State v. McDowell, 329 N.C. 363, 380, 407 S.E.2d 200, 209 (1991) (citing Brown v. Dixon, 891 F.2d 490 (4th Cir. 1989), cert. denied, 495 U.S. 953, 109 L. Ed. 2d 545 (1990)). “Having elected for representation by appointed defense counsel, defendant cannot also file motions on his own behalf or attempt to represent himself.” State v. Grooms, 353 N.C. 50, 61, 540 S.E.2d 713, 721 (2000), cert. denied, 534 U.S. 838, 151 L. Ed. 2d. 54 (2001). Only when a “fully informed” defendant and his counsel reach an “absolute impasse” concerning tactical decisions, do the client’s desires control. State v. Ali, 329 N.C. 394, 404, 407 S.E.2d 183, 189 (1991).

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Cite This Page — Counsel Stack

Bluebook (online)
596 S.E.2d 22, 164 N.C. App. 272, 2004 N.C. App. LEXIS 827, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-forrest-ncctapp-2004.