State v. Spinks

Court of Appeals of North Carolina

State v. Spinks

335 S.E.2d 786, 77 N.C. App. 657, 1985 N.C. App. LEXIS 4189

CourtCourt of Appeals of North Carolina

DecidedNovember 5, 1985

Docket8518SC429

StatusPublished

Cited by4 cases

This text of 335 S.E.2d 786 (State v. Spinks) 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. Spinks, 335 S.E.2d 786, 77 N.C. App. 657, 1985 N.C. App. LEXIS 4189 (N.C. Ct. App. 1985).

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Opinions

[659]*659ARNOLD, Judge.

The sole issue presented for review is whether the trial court erred by allowing the State to introduce evidence that on the day prior to the robbery of Mr. Wheat the defendant had pleaded guilty to a crime in federal court and that he had been ordered to pay a fine of $2,500. Finding no error, we affirm the defendant’s conviction.

Rule 404(b) of the North Carolina Rules of Evidence provides:

Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake, entrapment or accident.

This rule is consistent with prior North Carolina law. See State v. McClain, 240 N.C. 171, 81 S.E. 2d 364 (1954).

The evidence in the case sub judice was admitted for the limited purpose of showing that the defendant needed money and, thus, had a motive to commit the robbery. Defendant relying upon State v. Higgins, 66 N.C. App. 1, 310 S.E. 2d 644, aff’d 310 N.C. 741, 314 S.E. 2d 550 (1984), argues that such an admission was improper. In Higgins this Court held that it was improper to admit pawnshop tickets to show that the defendant needed money and thus had a motive to commit the crime. Higgins is distinguishable from the case at bar because there the Court found that it was improper to introduce such evidence because it “would expose all generally needy persons to the risk of finding of guilt based in part upon their need for means of sustenance.” 66 N.C. App. at 19, 310 S.E. 2d at 653. Such is not the case with the complained of evidence in this case. In this instance the evidence that defendant was facing a twenty-five hundred dollar fine showed that he had a specific need to obtain a large sum of money. This evidence was relevant because it tended to show that defendant had a motive for the commission of the robbery. Thus, the evidence was properly admitted pursuant to Rule 404(b).

Assuming arguendo that it had been error to admit such evidence, the error was harmless because the evidence against [660]*660defendant was so overwhelming that there is not a reasonable possibility that a different result would have been reached even if the complained of evidence had not been admitted.

No error.

Judge MARTIN concurs. Judge Wells dissents.

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[659]*659ARNOLD, Judge.

The sole issue presented for review is whether the trial court erred by allowing the State to introduce evidence that on the day prior to the robbery of Mr. Wheat the defendant had pleaded guilty to a crime in federal court and that he had been ordered to pay a fine of $2,500. Finding no error, we affirm the defendant’s conviction.

Rule 404(b) of the North Carolina Rules of Evidence provides:

Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake, entrapment or accident.

This rule is consistent with prior North Carolina law. See State v. McClain, 240 N.C. 171, 81 S.E. 2d 364 (1954).

The evidence in the case sub judice was admitted for the limited purpose of showing that the defendant needed money and, thus, had a motive to commit the robbery. Defendant relying upon State v. Higgins, 66 N.C. App. 1, 310 S.E. 2d 644, aff’d 310 N.C. 741, 314 S.E. 2d 550 (1984), argues that such an admission was improper. In Higgins this Court held that it was improper to admit pawnshop tickets to show that the defendant needed money and thus had a motive to commit the crime. Higgins is distinguishable from the case at bar because there the Court found that it was improper to introduce such evidence because it “would expose all generally needy persons to the risk of finding of guilt based in part upon their need for means of sustenance.” 66 N.C. App. at 19, 310 S.E. 2d at 653. Such is not the case with the complained of evidence in this case. In this instance the evidence that defendant was facing a twenty-five hundred dollar fine showed that he had a specific need to obtain a large sum of money. This evidence was relevant because it tended to show that defendant had a motive for the commission of the robbery. Thus, the evidence was properly admitted pursuant to Rule 404(b).

Assuming arguendo that it had been error to admit such evidence, the error was harmless because the evidence against [660]*660defendant was so overwhelming that there is not a reasonable possibility that a different result would have been reached even if the complained of evidence had not been admitted.

No error.

Judge MARTIN concurs. Judge Wells dissents.

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Bluebook (online)

335 S.E.2d 786, 77 N.C. App. 657, 1985 N.C. App. LEXIS 4189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-spinks-ncctapp-1985.

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