State v. Lambert

560 S.E.2d 221, 149 N.C. App. 163, 2002 N.C. App. LEXIS 123
CourtCourt of Appeals of North Carolina
DecidedMarch 5, 2002
DocketNo. COA01-164
StatusPublished
Cited by1 cases

This text of 560 S.E.2d 221 (State v. Lambert) 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. Lambert, 560 S.E.2d 221, 149 N.C. App. 163, 2002 N.C. App. LEXIS 123 (N.C. Ct. App. 2002).

Opinion

TIMMONS-GOODSON, Judge.

On 7 June 2000, a jury found Patrick Lambert (“defendant”) guilty of second-degree murder in the death of Loretta Alexander (“Alexander”). Evidence presented by the State tended to show the following: On 1 July 1998, at approximately 10:30 p.m., defendant joined two men, Everette Watson (“Watson”) and Darnell Bethea (“Bethea”), near Canal Street in Fairmont, North Carolina. As the men stood together, Alexander approached Bethea and asked him for drugs. Bethea refused, but Alexander persisted, pulling on Bethea’s shirt and pleading with him to give her drugs. Annoyed with her, Watson and Bethea then picked up several glass bottles that littered the ground and started throwing them at Alexander. Watson explained that, “I just threw [the bottles] at her. I got tired of her bugging us.” Alexander fell to the ground and pleaded with the men to end their assault. In his statement to police, defendant indicated that [165]*165he then “picked up a bottle and threw it at Loretta Alexander and the bottle missed her.” Bethea instructed defendant to throw another bottle at Alexander, and defendant complied. All three men stood over Alexander, striking her face and head numerous times with “[o]ver a dozen” glass bottles.

Bethea and Watson then told defendant to help them find a stick. At that point, Watson picked up “a tree branch about four inches thick and four feet long” and struck Alexander three or four times across her back. Watson handed the branch to Bethea, who continued to beat Alexander ten or eleven times, striking her back and the rear of her head. After Bethea finished hitting Alexander, she was still and “not making any noise.” Watson pushed Alexander’s body with his foot, but she did not move. Defendant accompanied Watson and Bethea to Watson’s house, where Watson used a garden hose to clean the bloody tree limb. Bethea also washed the blood off of his legs. Defendant left soon afterwards and went to a friend’s house, where he watched television and went to bed.

Watson testified at trial that defendant joined he and Bethea in standing over Alexander’s body and “hitting her with the bottles up side [sic] the head,” but acknowledged that it was he and Bethea who struck Alexander with the tree limb. Watson added that he and defendant had been drinking beer and smoking marijuana the night of the murder. The State’s pathologist testified that Alexander died from a blunt-force injury to her head requiring a great deal of force.

Defendant’s statement to police and his testimony at trial were substantially similar to the events as recited supra, although defendant denied that any of the bottles that he threw actually struck Alexander. Defendant testified that he was afraid of Bethea, and that . Bethea ordered him not to tell anyone what had happened, or “the same thing [would] happen to [defendant].”

The jury found defendant guilty of second-degree murder, and the trial court sentenced him to a minimum term of 151 months’ and a maximum term of 191 months’ imprisonment. From his conviction and resulting sentence, defendant now appeals to this Court.

Defendant presents three issues for review, arguing that the trial court erred in (1) denying defendant’s motion to dismiss; (2) excluding evidence of a plea agreement; and (3) denying defendant’s motion for a mistrial. Upon review of the record and arguments by counsel, we find no error by the trial court.

[166]*166Defendant argues that the trial court erred in denying his motion to dismiss the charge of second-degree murder against him. Defendant maintains there is insufficient evidence from which a reasonable jury could conclude that defendant acted in concert with Watson and Bethea in the beating death of Alexander. We disagree.

Upon a motion to dismiss in a criminal action, the trial court must view all of the evidence in the light most favorable to the State. See State v. Pierce, 346 N.C. 471, 491, 488 S.E.2d 576, 588 (1997). Contradictions or discrepancies in the evidence must be resolved by the jury, and the State should be given the benefit of any reasonable inference. See State v. Brown, 310 N.C. 563, 566, 313 S.E.2d 585, 587 (1984). The trial court must then decide whether there is substantial evidence of each element of the offense charged. See State v. Smith, 300 N.C. 71, 78, 265 S.E.2d 164, 169 (1980). “Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Id. at 78-79, 265 S.E.2d at 169.

In the instant case, defendant was charged with second-degree murder under the theory of acting in concert. The doctrine of acting in concert states that where

“two persons join in a purpose to commit a crime, each of them, if actually or constructively present, is not only guilty as a principal if the other commits that particular crime, but he is also guilty of any other crime committed by the other in pursuance of the common purpose ... or as a natural or probable consequence thereof.”

State v. Barnes, 345 N.C. 184, 233, 481 S.E.2d 44, 71 (1997) (quoting State v. Westbrook, 279 N.C. 18, 41-42, 181 S.E.2d 572, 586 (1971)), cert. denied, 523 U.S. 1024, 140 L. Ed. 2d 473 (1998). In Barnes, our Supreme Court held that a finding that the accomplice individually possessed the mens rea to commit the crime is not necessary to convict a defendant of premeditated and deliberate murder under a theory of acting in concert. See Barnes, 345 N.C. at 233, 481 S.E.2d at 71. Thus, “if two or more persons are acting together in pursuit of a common plan or purpose, each of them, if actually or constructively present, is guilty of any crime committed by any of the others in pursuit of the common plan.” State v. Laws, 325 N.C. 81, 97, 381 S.E.2d 609, 618 (1989), sentence vacated on other grounds, 494 U.S. 1022, 108 L. Ed. 2d 603 (1990). While a person may be either actually or constructively present at the scene, “[a] person is constructively present during the commission of a crime if he is close enough to provide [167]*167assistance if needed and to encourage the actual execution of the crime.” State v. Gaines, 345 N.C. 647, 675-76, 483 S.E.2d 396, 413, cert. denied, 522 U.S. 900, 139 L. Ed. 2d 177 (1997); see also State v. Willis, 332 N.C. 151, 175, 420 S.E.2d 158, 169 (1992) (holding that, although the defendant was sixty-five feet away from the attack on the victim and inside the fence that enclosed her yard, there was nevertheless sufficient evidence for the jury to conclude that the defendant was actually and constructively present where she was able to witness the attack and the victim was close enough to call to her for assistance).

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Bluebook (online)
560 S.E.2d 221, 149 N.C. App. 163, 2002 N.C. App. LEXIS 123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lambert-ncctapp-2002.