State v. Lakey

645 S.E.2d 159, 183 N.C. App. 652, 2007 N.C. App. LEXIS 1093
Court of Appeals of North Carolina·Decided June 5, 2007·No. No. COA06-974.·Published·Cited by 3 cases

Opinion

HUNTER, Judge.

Luther Ray Lakey ("defendant") appeals his conviction of the following: (1) trafficking in opiate derivatives, 28 grams or more; (2) possession of Methadone with intent to manufacture, sell or deliver; (3) possession of Alprazolam with the intent to manufacture, sell, or deliver; (4) possession of marijuana with the intent to manufacture, sell, or deliver; and (5) maintaining a building for keeping and selling controlled substances. After careful consideration, we find no error.

The State's evidence tends to show that defendant's home was searched by police on 5 April 2005. Defendant consented to the search, and his fiancé, Ms. Coward, consented to the search of her purse. Defendant willingly turned over a small amount of marijuana. The police also found quarter bags, marijuana which had already been cut, scales, other drugs, and drug paraphernalia. In the living room and kitchen, the police found numerous prescription pills such as Alprazolam, Methadone, and Hydrocodone. Weapons were also found in defendant's home. There was one gun in the living room and a second in Ms. Coward's purse. Photos of these guns were admitted into evidence over defendant's objection.

Defendant presents the following issues for appeal: Whether (1) the trial court committed reversible error in admitting two pictures of guns, and (2) there was insufficient evidence for a rational trier of fact to find the element of possession.

I.

Defendant argues that photographs of guns should have been excluded under Rule 403 of the North Carolina Rules of Evidence (hereinafter "Rule 403"). See N.C. Gen.Stat. § 8C-1, Rule 403 (2005). We disagree. "`Relevant evidence' means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence." N.C.R. Evid. 401. In general, "weapons may be admitted into evidence when there is evidence tending to show that they have been used in the commission of a crime." State v. Patterson, 59 N.C.App. 650, 652, 297 S.E.2d 628, 630 (1982). In the instant case, defendant was charged with possession, trafficking, and maintaining a building for keeping and selling controlled substances. This Court previously held the presence of a gun is relevant to charges of possession, trafficking, and maintaining a building for keeping and selling controlled substances. State v. Boyd, 177 N.C.App. 165, 171, 628 S.E.2d 796, 802 (2006). Accordingly, the evidence that defendant was in possession of guns at the time of his arrest was admissible.

Under Rule 403, however, relevant evidence may be excluded "if its probative value is substantially outweighed by the danger of unfair prejudice[.]" N.C.R. Evid.

*161Rule 403. In reviewing a trial court's ruling on evidence under Rule 403, this Court reviews for an abuse of discretion under a totality of the circumstances analysis. State v. Clark, 138 N.C.App. 392, 399, 531 S.E.2d 482, 487 (2000). Whether photographic evidence is more probative than prejudicial is a matter within the discretion of the trial court. Id. Consequently, "`[a] trial court may be reversed for abuse of discretion only upon a showing that its ruling was manifestly unsupported by reason and could not have been the result of a reasoned decision.'" Id. at 403, 531 S.E.2d at 490 (citation omitted).

In this case, the State offered four photographs into evidence, two of which were of drugs and drug paraphernalia found in defendant's home during the search. Two more, those at issue here, were of guns found in defendant's house. Defendant, in essence, argues that he was prejudiced because people commonly associate guns with drug dealers, and as such, the jury in this case inferred that he was in fact a drug dealer from these photographs. This inference, however, is permissible. Boyd, 177 N.C.App. at 172, 628 S.E.2d at 803. See State v. Smith, 99 N.C.App. 67, 72, 392 S.E.2d 642, 645 (1990) (holding that trial court could properly determine that evidence of a gun was relevant to the charge of possession with intent to sell or deliver cocaine because "[a]s a practical matter, firearms are frequently involved for protection in the illegal drug trade"), cert. denied, 328 N.C. 96, 402 S.E.2d 824 (1991); State v. Willis, 125 N.C.App. 537, 543, 481 S.E.2d 407, 411 (1997) (relying upon the "common-sense association of drugs and guns"). As we stated in Boyd:

Since defendant has failed to specifically demonstrate how he was unfairly prejudiced beyond the inferences the jury was properly entitled to draw from the presence of the gun[s] in [his home], we hold that the trial court did not abuse its discretion in holding that the gun[s'] probative value was not unfairly outweighed by [their] prejudicial effect.

Boyd, 177 N.C.App. at 172, 628 S.E.2d at 803. Accordingly, defendant's assignments of error as to this issue are rejected.

II.

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State v. Lakey, 645 S.E.2d 159, 183 N.C. App. 652, 2007 N.C. App. LEXIS 1093 (N.C. Ct. App. 2007).

645 S.E.2d 159 (State v. Lakey) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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