State v. Goodman

560 S.E.2d 196, 149 N.C. App. 57, 2002 N.C. App. LEXIS 132
CourtCourt of Appeals of North Carolina
DecidedMarch 5, 2002
DocketCOA00-1417
StatusPublished
Cited by26 cases

This text of 560 S.E.2d 196 (State v. Goodman) 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. Goodman, 560 S.E.2d 196, 149 N.C. App. 57, 2002 N.C. App. LEXIS 132 (N.C. Ct. App. 2002).

Opinions

HUNTER, Judge.

William Jasper Goodman, Jr. (“defendant”) appeals his conviction and sentence for the second degree murder of Lewis Watford. We hold defendant’s trial was free from prejudicial error; however, we remand for resentencing.

The evidence presented at trial tended to establish that on 11 February 1999 at approximately 11:30 a.m., seventy-three year-old Lewis Watford was driving a Mercury Grand Marquis on U.S. 321 in Gastonia. Watford’s vehicle was stopped at a red light in the left [60]*60northbound lane of U.S. 321 at the intersection of Hudson Boulevard. When the light turned green, Watford proceeded into the intersection to make a left turn when his vehicle was struck on the passenger side by defendant’s truck. Defendant had run a light as he proceeded west on Hudson Boulevard. Witness Tracy Moose testified she saw defendant’s head and arm hanging out the driver’s side window of his truck as he ran the red light. Defendant was traveling at approximately forty to forty-five miles per hour when he struck Watford’s passenger-side door. A blood test performed on defendant at the hospital revealed his blood alcohol content was .138. Watford died four days later as a result of injuries sustained in the accident.

Defendant was indicted on 1 March 1999 for second degree murder, driving while impaired, and failure to stop at a red light. He was also indicted for possession of marijuana and carrying a concealed weapon, both of which were recovered from defendant’s truck after the accident. On 1 November 1999, defendant was indicted for possession of a firearm by a convicted felon, based upon the discovery of the firearm in defendant’s vehicle and his 1980 conviction for assault upon a law enforcement officer. Defendant pled guilty to possession of marijuana and driving while impaired on 28 March 2000.

Defendant’s second degree murder charge and possession of a firearm by a felon charge were both tried to a jury. During trial, the State introduced defendant’s driving record which contained numerous convictions for traffic violations, including several prior convictions for driving while impaired. Defendant did not testify. On 31 March 2000, defendant was convicted of second degree murder. He was acquitted of possession of a firearm by a convicted felon. The trial court arrested judgment on the charge of driving while impaired, and consolidated defendant’s convictions for possession of marijuana and second degree murder. Based upon his prior record level, the trial court sentenced defendant to a minimum of 251 and a maximum of 311 months’ imprisonment. He appeals.

Defendant brings forth six arguments on appeal, contending the trial court erred in (1) failing to dismiss the charge of second degree murder for insufficient evidence of malice; (2) failing to submit the possible verdict of misdemeanor death by vehicle to the jury; (3) failing to charge the jury with a limiting instruction regarding the 1980 conviction for assault upon a law enforcement officer; (4) admitting testimony that Watford was a good person; (5) admitting defendant’s driving record; and (6) sentencing defendant based upon incompetent [61]*61evidence of defendant’s prior convictions. For reasons stated herein, we find no prejudicial error in the guilt phase of defendant’s trial, but remand for resentencing.

I.

Defendant first argues the trial court erred in failing to dismiss the charge of second degree murder on the basis there was insufficient evidence to establish defendant acted with malice. Defendant failed to properly renew his motion to dismiss at the close of all evidence as required by Rule 10(b)(3) of the Rules of Appellate Procedure. Although he urges us to review this assignment of error for plain error, our Supreme Court “has only elected to review unpreserved issues for plain error that involve instructional errors or the admissibility of evidence.” State v. Carpenter, 147 N.C. App. 386, 556 S.E.2d 316, 323 (2001) (citing State v. Steen, 352 N.C. 227, 536 S.E.2d 1 (2000), cert. denied, 531 U.S. 1167, 148 L. Ed. 2d 997 (2001); State v. Gregory, 342 N.C. 580, 467 S.E.2d 28 (1996)). However, in our discretion, we may suspend application of Rule 10(b)(3) in this case. See N.C.R. App. P. 2. We elect to do so here, and will review defendant’s argument.

In order to convict a defendant of second degree murder, the State must establish that defendant committed an unlawful killing of a human being with malice, but need not establish premeditation or deliberation. State v. Brewer, 328 N.C. 515, 522, 402 S.E.2d 380, 385 (1991). It is well-established that the malice element of second degree murder in cases such as this may be proved through the introduction of prior driving convictions.

In State v. Miller, 142 N.C. App. 435, 543 S.E.2d 201 (2001), this Court recently reiterated this principle, holding that the defendant’s prior driving convictions dating as far back as sixteen years could be used to establish the defendant acted with malice when he hit the decedent while driving under the influence of alcohol. Id. at 439, 543 S.E.2d at 204; see also State v. Jones, 353 N.C. 159, 173, 538 S.E.2d 917, 928 (2000) (prior charge of driving while intoxicated sufficient to establish malice element of second degree murder; such evidence demonstrates “defendant was aware that his conduct leading up to the collision at issue here was reckless and inherently dangerous to human life”); State v. Rich, 351 N.C. 386, 400, 527 S.E.2d 299, 307 (2000) (introduction of prior driving convictions to establish malice element of second degree murder not in violation of N.C. Gen. Stat. [62]*62§ 8C-1, Rule 404(b) (1999); such convictions are for the permissible purpose of establishing defendant’s “ ‘totally depraved mind’ ” and “ ‘recklessness of the consequences’ ”).

Moreover, this Court in Miller rejected defendant’s argument that his convictions, dating as far back as sixteen years prior to the accident at issue, were too remote in time to be admissible. In so holding, we noted that the Supreme Court in Rich had held a prior conviction dating back nine years to be admissible; that this Court in State v. McAllister, 138 N.C. App. 252, 530 S.E.2d 859, appeal dismissed, 352 N.C. 681, 545 S.E.2d 724 (2000), had held a seven year-old conviction for driving while intoxicated admissible to establish malice; and that in State v. Grice, 131 N.C. App. 48, 505 S.E.2d 166 (1998), disc. review denied, 350 N.C. 102, 533 S.E.2d 473 (1999), we held prior convictions over ten years old to be admissible to establish malice. Miller, 142 N.C. App. at 440, 543 S.E.2d at 205.

Applying these principles to the present case, we hold the State introduced ample evidence of defendant’s malice to defeat a motion to dismiss.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Armstrong
Court of Appeals of North Carolina, 2025
State v. Scott
Court of Appeals of North Carolina, 2020
Tai Sports, Inc. v. Hall
2012 NCBC 62 (North Carolina Business Court, 2012)
State v. Davis
702 S.E.2d 507 (Court of Appeals of North Carolina, 2010)
State v. Boyd
701 S.E.2d 255 (Court of Appeals of North Carolina, 2010)
State v. Maready
669 S.E.2d 564 (Supreme Court of North Carolina, 2008)
State v. McCall
664 S.E.2d 77 (Court of Appeals of North Carolina, 2008)
State v. Toler
657 S.E.2d 446 (Court of Appeals of North Carolina, 2008)
State v. Maready
654 S.E.2d 769 (Court of Appeals of North Carolina, 2008)
State v. Westbrook
623 S.E.2d 73 (Court of Appeals of North Carolina, 2005)
State v. Jacobs
620 S.E.2d 204 (Court of Appeals of North Carolina, 2005)
State v. Edwards
612 S.E.2d 394 (Court of Appeals of North Carolina, 2005)
State v. Silas
609 S.E.2d 400 (Court of Appeals of North Carolina, 2005)
State v. Jeffery
605 S.E.2d 672 (Court of Appeals of North Carolina, 2004)
State v. Blackwell
603 S.E.2d 168 (Court of Appeals of North Carolina, 2004)
Jeffries v. State
90 P.3d 185 (Court of Appeals of Alaska, 2004)
State v. Miller
583 S.E.2d 620 (Court of Appeals of North Carolina, 2003)
State v. Hairston
576 S.E.2d 121 (Court of Appeals of North Carolina, 2003)
State v. Smith
573 S.E.2d 618 (Court of Appeals of North Carolina, 2002)
State v. Goodman
560 S.E.2d 196 (Court of Appeals of North Carolina, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
560 S.E.2d 196, 149 N.C. App. 57, 2002 N.C. App. LEXIS 132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-goodman-ncctapp-2002.