State v. Hamad

374 S.E.2d 410, 92 N.C. App. 282, 1988 N.C. App. LEXIS 1053
CourtCourt of Appeals of North Carolina
DecidedDecember 20, 1988
Docket883SC277
StatusPublished
Cited by5 cases

This text of 374 S.E.2d 410 (State v. Hamad) 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. Hamad, 374 S.E.2d 410, 92 N.C. App. 282, 1988 N.C. App. LEXIS 1053 (N.C. Ct. App. 1988).

Opinions

JOHNSON, Judge.

Defendants present separate questions for review by this appeal. Hatem Hamad appeals from his convictions of trafficking in cocaine by possession of more than 200 but less than 400 grams, conspiracy to traffic in cocaine by possession of more than 200 but less than 400 grams, and conspiracy to traffic in cocaine by the sale of more than 200 but less than 400 grams, for which he was sentenced to consecutive terms of imprisonment totalling thirty-four years.

[284]*284Donald Clay Wells appeals from convictions of identical offenses with the addition of a conviction for trafficking in cocaine by the sale of more than 200 but less than 400 grams. For these convictions, he was sentenced to two consecutive fourteen-year terms on the trafficking charges, and a concurrent fourteen-year term for the conspiracy conviction. Judgment was arrested on the remaining conspiracy conviction.

The State’s evidence tended to show that on 29 September 1986 its witness James Stuart Crandell met with defendant Wells in Raleigh and was informed that Wells had a large quantity of cocaine which he had obtained from a “Cuban connection” and would sell for $40,000 per kilo (1,000 grams). The two men had met around six to eight weeks before when defendant Wells delivered restaurant equipment to Crandell’s place of employment and told him at that time that he could make a substantial amount of money purchasing and selling illegal drugs.

Crandell, who had been previously convicted of trafficking in cocaine and rendered substantial assistance to law enforcement officials in that investigation, then called the Drug Enforcement Agency (D.E.A.) in Wilmington on 29 September 1986 and informed an agent of his conversation with Wells. He also telephoned Special Agent Malcolm McLeod of the State Bureau of Investigation (S.B.I.) on 1 October 1986 and informed him of Wells’ plans. Later on that day, Wells called Crandell and informed him that he had the cocaine and was ready to execute the deal. Crandell then returned to the S.B.I. office in Greenville, met Agent McLeod, called Wells from the office and arranged a meeting in Tarboro for the same afternoon. At this meeting Wells produced a sample of cocaine which Crandell turned over to Agent McLeod.

Still later that same day at around 7:00 p.m., Crandell and Wells met for a second time. During this meeting Wells agreed to take Crandell to his duplex apartment so he could see the cocaine. While there, and parked outside in his vehicle, Crandell was informed by Wells that his source would not allow him to bring out the cocaine until Crandell produced the money. Crandell then saw defendant Hamad for the first time when he allegedly stepped outside the apartment and informed Wells that he was wasting his time.

[285]*285On the following day, after several telephone conversations, Wells informed Crandell that he and his wife (referring to Rita Raynor, a friend) would meet him in Greenville to complete the deal. After informing Agent McLeod of the impending meeting, Crandell arrived at a parking lot wearing a concealed transmitter which allowed S.B.I. agents to hear the transaction. Wells arrived in a vehicle being driven by Rita Raynor, with defendant Hamad in the front passenger seat. Wells then got into Crandell’s vehicle and was informed that Crandell had the money. Wells then got a brown sack from Hamad, who was still seated in the other vehicle, which contained a package wrapped in silver duct tape. Crandell then tested the cocaine, expressed his approval, and gave Wells the “flash” money which had been supplied by the authorities. Wells then threw the bag of money into his own car. The law enforcement agents who had the area under surveillance then moved in and arrested the participants, Wells, Hamad, and Rita Raynor, the driver.

Rita Raynor testified for the State and was not tried with defendants, although she was charged with the same offenses as defendant Wells. She denied any involvement in the drug transaction. Defendant Hamad testified in his own defense and denied participation in the crimes charged. Defendant Wells also testified in his own behalf and corroborated Crandell’s testimony, but explained his participation in the crimes as the result of Crandell’s ability to overcome his will which was somewhat weakened by his financial troubles.

Hamad’s Appeal

Defendant Hamad presents five questions for review. We find that only two of those issues merit discussion. Insofar as questions one through three are concerned, they are overruled.

In his fourth Assignment of Error, defendant contends that the trial court committed reversible error by sustaining defendant Wells’ objection to further cross-examination by defendant Hamad. Hamad argues that at trial when co-defendant Wells testified, after initial cross-examination by Hamad’s counsel, and further cross-examination by the State, Hamad’s counsel was not then allowed to recross defendant Wells regarding what he contends were new matters elicited by the State. The State argues, [286]*286on the other hand, that since Wells’ trial counsel did not tender any questions on redirect, Hamad was therefore not entitled to recross-examine his co-defendant.

We find that the semantic designation of the examination of defendant Wells by the State as cross-examination and the absence of redirect examination by Wells’ counsel should not operate to abridge defendant Hamad’s constitutional right to confront witnesses against him. Chambers v. Mississippi, 410 U.S. 284, 35 L.Ed. 2d 297, 93 S.Ct. 1038 (1973). This right necessarily encompasses the right to have a reasonable opportunity to face “accusers and witnesses with other testimony.” State v. Garner, 203 N.C. 361, 166 S.E. 2d 180 (1932), quoting N.C. Const. of 1868, Art. I, sec. 11, recodified at Art. I, sec. 23 (1970).

State v. Moorman, 82 N.C. App. 594, 600, 347 S.E. 2d 857, 860 (1986), rev. on other grounds, 320 N.C. 387, 358 S.E. 2d 502 (1987), citing 1 Brandis on North Carolina Evidence sec. 36 (2d rev. ed. 1982), provides that “after a witness has been cross-examined and reexamined, unless the redirect examination includes new matter, it is in the discretion of the judge to permit or refuse a second cross-examination, and counsel cannot demand it as of right.” (Emphasis added.) In stating this rule we note that although there was no redirect examination per se, the State’s cross-examination elicited testimony concerning several new matters which were not broached in Hamad’s initial cross-examination of defendant Wells. These matters include, but are not limited to, several statements which further incriminated defendant Hamad by specifically detailing his alleged participation in the crimes charged.

Wells testified on cross-examination by the State that Hamad carried one kilogram of cocaine in a black bag into Wells’ house; that Hamad cut the sample of cocaine which Wells gave to Cran-dell; that Hamad carried the bag containing the cocaine back to his hotel after his first meeting with Crandell at the duplex apartment; that Hamad cut the rock of cocaine and weighed it after learning that they could sell one-half of the kilogram to Crandell; and that at the scene of the final transaction Hamad was communicating with Wells while Wells consummated the deal with Crandell.

[287]

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State v. Hamad
374 S.E.2d 410 (Court of Appeals of North Carolina, 1988)

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Bluebook (online)
374 S.E.2d 410, 92 N.C. App. 282, 1988 N.C. App. LEXIS 1053, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hamad-ncctapp-1988.