State v. Ronald Junior Cotton

394 S.E.2d 456, 99 N.C. App. 615, 1990 N.C. App. LEXIS 815
CourtCourt of Appeals of North Carolina
DecidedAugust 7, 1990
Docket8815SC1152
StatusPublished
Cited by15 cases

This text of 394 S.E.2d 456 (State v. Ronald Junior Cotton) 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. Ronald Junior Cotton, 394 S.E.2d 456, 99 N.C. App. 615, 1990 N.C. App. LEXIS 815 (N.C. Ct. App. 1990).

Opinions

COZORT, Judge.

The primary question presented by this appeal is whether the trial court committed reversible error when it allowed the State to introduce testimony from the defendant’s employer that the defendant, who was on trial for rape and other offenses, had touched female employees in a sexually offensive manner and had made sexually offensive comments to the female employees. Under the particular facts of this case, we find no reversible error.

The defendant was charged with two counts of first-degree rape, two counts of first-degree sex offense and two counts of first-degree burglary. The names of the victims are not necessary [617]*617for the resolution of this appeal; they shall be referred to as the first victim and the second victim. The crimes for which the defendant was charged occurred in the early morning hours of 29 July 1984. In January of 1985, the defendant was tried for and convicted of one count each of first-degree burglary, first-degree rape and first-degree sex offense involving the first victim. On appeal to the North Carolina Supreme Court, the defendant was awarded a new trial. State v. Cotton, 318 N.C. 663, 351 S.E.2d 277 (1987). The matter came on for trial again at the 9 November 1987 session of Alamance Superior Court, where the defendant was tried for the offenses involving both victims.

The State offered evidence tending to show that at approximately 3:00 to 3:30 a.m. on Saturday, 29 July 1984, the first victim was awakened by an intruder in her bedroom. The intruder jumped on her, put his hand over her mouth and held a knife to her throat. The intruder pulled the first victim’s underwear off, held her legs down and performed oral sex on her. The intruder sucked her breasts, tried to kiss her, and penetrated her vagina with his penis four or five times. The intruder stayed in the first victim’s apartment for about 30 minutes. She was able to escape by running out the back door and running to a nearby apartment.

Two days later, the first victim went to the police station where she viewed a photographic lineup containing six photos. She identified the defendant as her assailant. On 8 August 1984, the first victim participated in a live lineup where she again selected the defendant as her assailant.

The second victim testified that she was asleep on the couch in her den during the early morning hours of 29 July 1984 when she was awakened at about 5:00 a.m. by a draft on her feet. She looked up and saw a man in her house. When she sat up, the man fondled her breasts. The man went out the back door and around the house. The second victim went over to close a window, but the man reached through the window and pulled down the top of the garment she was wearing. She tried to use the phone, but it went dead. The man crashed through the front door and grabbed the second victim. The man pushed her down the hall to a bedroom, pulled off her clothes, threw her on the bed and sucked on her breasts. He licked her stomach and her vagina, and then crawled on top of her, putting his penis in her vagina. The man then left through the front door, after having been in [618]*618the second victim’s house for 20 to 30 minutes. The second victim then ran out of her house to a neighbor’s house.

Two days later the second victim was shown a photographic lineup containing six photographs of black men. She was unable to pick out her assailant. The defendant’s photograph was included in the array shown to the second victim. On 8 August 1984, the second victim participated in a live lineup, viewing seven black males. She wrote down the number of the man standing next to the defendant. The second victim testified she recognized the defendant as her assailant; however, she wrote down the wrong number because she was scared that the defendant, who could see her during the lineup, would get loose and kill her. if she identified him. In court, she identified the defendant as her assailant.

The defendant relied on mistaken identification and alibi. Both victims were cross-examined extensively about their ability to see well enough in the reduced light to identify the assailant. The defendant produced witnesses who testified that defendant was at his mother’s house asleep on the sofa on the morning of 29 July 1984. The defendant testified that he went to sleep on the sofa at his mother’s house at about 3:00 a.m. on 29 July 1984 and did not get up until around noon the next day. The defendant testified that he had a prior conviction of assault on a female with intent to commit rape and a prior conviction of breaking and entering.

Defendant was convicted of one count of first-degree rape, one count of first-degree sex offense, one count of second-degree rape, one count of second-degree sex offense, and two counts of first-degree burglary. Defendant was sentenced to a total term of imprisonment of life plus 54 years at expiration. Defendant appealed.

In his first assignment of error, the defendant contends the trial court erred by allowing testimony from the defendant’s employer that the defendant touched waitresses “on their shoulders, and their bodies, and their rears,” and talked to two of the waitresses “about sex.” The witness further testified that the waitresses were white and that the two to whom the defendant talked about sex were 18 and 47. The defendant contends the admission of the evidence was prejudicial error, especially when considering that the first victim was a white 22-year-old female and the second victim was [619]*619a white 41-year-old female, and the defendant is black. We find no reversible error.

The defendant’s employer, a restaurant manager, testified for the State that defendant, a dishwasher at the restaurant, had worn clothes the same as or similar to the clothes worn by the man who committed the crimes against both victims on 29 July 1984. On cross-examination, defendant’s counsel asked: “Was Mr. Cotton a good employee for you, sir?” The witness answered: “Yes.” On redirect, over defendant’s objection and after a voir dire, the witness was allowed to testify: “[The defendant] was always messing with the waitresses . . . touching them ... on their shoulders, and their bodies and their rears, and telling dirty jokes.” The witness testified that the defendant directed his comments “about sex” to two white waitresses, ages 18 and 47.

The defendant contends that the evidence was not admissible under N.C. Gen. Stat. § 8C-1, Rule 404(a)(1). The defendant further argues that, even if the evidence did have some probative value, it should have been excluded under Rule 403 because the danger of unfair prejudice to the defendant substantially outweighed any probative value of the evidence. We do not agree.

Rule 404(a)(1) provides for the admission of character evidence of the accused when the testimony concerns “evidence of a pertinent character trait of his character offered by an accused, or by the prosecution to rebut the same.” In State v. Squire, the North Carolina Supreme Court held that “pertinent” was tantamount to “relevant,” making the key determination “whether the trait in question is relevant; i.e., whether it would ‘make the existence of any fact that is of consequence to the determination of the action’ more or less probable than it would be without evidence of the trait. N.C.G.S. § 8C-1, Rule 401.” 321 N.C. 541, 547-48, 364 S.E.2d 354, 358 (1988).

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

Related

James Richardson v. Joyce Kornegay
3 F.4th 687 (Fourth Circuit, 2021)
State v. Vann
821 S.E.2d 282 (Court of Appeals of North Carolina, 2018)
State v. Carpenter
754 S.E.2d 478 (Court of Appeals of North Carolina, 2014)
Thomas Moore, Jr. v. Michael Hardee
723 F.3d 488 (Fourth Circuit, 2013)
State v. McLean
645 S.E.2d 162 (Court of Appeals of North Carolina, 2007)
State v. Lee
572 S.E.2d 170 (Court of Appeals of North Carolina, 2002)
State v. Cole
556 S.E.2d 666 (Court of Appeals of North Carolina, 2001)
State v. Kelly
2000 ME 107 (Supreme Judicial Court of Maine, 2000)
Reis v. Hoots
509 S.E.2d 198 (Court of Appeals of North Carolina, 1998)
State v. Suddreth
412 S.E.2d 126 (Court of Appeals of North Carolina, 1992)
State v. Cotton
407 S.E.2d 514 (Supreme Court of North Carolina, 1991)
State v. Ronald Junior Cotton
394 S.E.2d 456 (Court of Appeals of North Carolina, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
394 S.E.2d 456, 99 N.C. App. 615, 1990 N.C. App. LEXIS 815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ronald-junior-cotton-ncctapp-1990.