State v. Stafford

601 S.E.2d 219, 166 N.C. App. 118, 2004 N.C. App. LEXIS 1606, 2004 WL 1960068
CourtCourt of Appeals of North Carolina
DecidedSeptember 7, 2004
DocketNo. COA03-760
StatusPublished
Cited by1 cases

This text of 601 S.E.2d 219 (State v. Stafford) 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. Stafford, 601 S.E.2d 219, 166 N.C. App. 118, 2004 N.C. App. LEXIS 1606, 2004 WL 1960068 (N.C. Ct. App. 2004).

Opinion

TIMMONS-GOODSON, Judge.

Damon Demond Stafford (“defendant”) appeals his convictions of two counts of first-degree murder, two counts of robbery with a dangerous weapon, and felony breaking or entering. For the reasons that follow, we conclude that there was no error at trial, but vacate the trial court’s order amending defendant’s sentence, and remand for resentencing.

[120]*120The evidence presented at trial tends to show the following: On 13 August 1999, Donald James Hunt (“Mr. Hunt”), his wife Janie Pearl Hunt (“Mrs. Hunt”), and their adult son Donald James Hunt, Jr. (“D.J.”), were asleep in their home in Gastonia, North Carolina. Mr. and Mrs. Hunt were sleeping in the bedroom and D.J. was sleeping in the living room. The three were awakened by intruders who announced themselves as the police, and ordered Mr. and Mrs. Hunt out of bed and into the living room. One of the intruders asked D.J. if he drove a black Explorer. D.J. answered in the affirmative and the intruder struck him on the back of the head with a gun. All three victims were instructed at gunpoint to lie on the floor. One of the intruders removed jewelry that D.J. was wearing and took money from D.J.’s pocket. The intruders repeatedly asked D.J. questions such as “Where is the money?” and “Where is the stuff?” to which D.J. replied that he had no drugs and no money other than that which was in his pocket.

The intruders began searching the house and demanded more money. D.J. told them that money could be found upstairs. One of the intruders took Mrs. Hunt with him to the upstairs bedroom where he searched for money. After failing to locate any money, the intruder returned Mrs. Hunt to the living room and the three intruders began threatening to kill the victims. A struggle ensued between D.J., Mr. Hunt and the intruders. The altercation between Mr. Hunt and intruder Devan Lashawn Bynum (“Bynum”) progressed into a nearby bedroom. D.J. testified that at that point, defendant walked to the door of the bedroom and began firing a gun into the room. D.J. then saw defendant take a briefcase belonging to the family and run out of the rear door, followed by the third intruder. Mr. Hunt and Bynum died as a result of the gunshot wounds.

At trial, defendant was convicted of two counts of first-degree murder in the deaths of Mr. Hunt and Bynum, two counts of robbery with a dangerous weapon, and breaking or entering. On 29 November 2001, defendant was sentenced to life imprisonment without parole for each count of first-degree murder, seventy-five months to ninety-nine months for each count of robbery with a dangerous weapon, and ten to twelve months for felony breaking or entering. The trial court ordered these sentences to be served consecutively.

Defendant entered a notice of appeal to this Court on 29 November 2001. Eight months later, on 15 July 2002, the trial court reconvened for a “resentencing hearing” at which time the trial court entered “corrected judgment” and commitment worksheets, amend[121]*121ing defendant’s sentence to a term of seventy-seven months to 102 months for each count of robbery with a dangerous weapon. Defendant appeals these convictions and amended sentences.

As an initial matter, we note that defendant’s brief contains arguments supporting only five of the original nine assignments of error on appeal. The four omitted assignments of error are deemed abandoned pursuant to N.C.R. App. P. 28(b)(6) (2004). We therefore limit our review to those assignments of error addressed in defendant’s brief.

The remaining issues presented on appeal are whether the trial court erred by (I) amending defendant’s sentences on the charges of robbery with a dangerous weapon after defendant’s notice of appeal; (II) submitting both counts of robbery with a dangerous weapon to the jury; (III) denying defendant’s motions to dismiss and motion to set aside the verdict; and (IV) proceeding to trial on short-form murder indictments.

In his first assignment of error, defendant argues, and the State concedes, that the trial court erred by amending defendant’s sentences on the two charges of robbery with a dangerous weapon after the trial court entered a final judgment, and after defendant filed a notice of appeal.

The law is well established in this State that

the [trial] court has inherent power to amend judgments by correcting clerical errors or supplying defects so as to make the record speak the truth. The correction of such errors is not limited to the term of court, but may be done at any time upon motion, or the court may on its own motion make the correction when such defect appears. But this power to correct clerical errors and supply defects or omissions must be distinguished from the power of the court to modify or vacate an existing judgment. And the power to correct clerical errors after the lapse of the term must be exercised with great caution and may not be extended to the correction of judicial errors, so as to make the judgment different from what was actually rendered.

Shaver v. Shaver, 248 N.C. 113, 118, 102 S.E.2d 791, 795 (1958) (citations omitted).

In the case sub judice, after hearing penalty phase evidence, the trial court entered findings of aggravating factors for both counts of [122]*122robbery with a dangerous weapon. Accordingly, the trial court had the statutory authority to “impose a sentence that is permitted by the aggravated range described in G.S. 15A-1340.17(c)(4).” N.C. Gen. Stat. § 15A-1340.16(b) (2003). Given that robbery with a dangerous weapon is a class D felony, see N.C. Gen. Stat. § 14-87 (2003), and that defendant was a prior record level II offender, the authorized aggravated sentence was seventy-seven to ninety-five months. N.C. Gen. Stat. § 15A-1340.17(c)(4) (2003). However, the judgment imposed by the trial court sentenced defendant to a term of seventy-five to ninety-nine months for each count of robbery with a dangerous weapon. This sentence falls within the presumptive range of sixty-one to seventy-seven months. Id.

On 15 July 2002, the trial court convened for a resentencing hearing, at which time the judge stated the following:

In case 99 CRS 29086, the Court found the Defendant had been convicted of robbery with a dangerous weapon of Donald James Hunt, a Class D felony, prior record level II. The Court indicated that. . . aggravating factors were found. The Court did not make any findings in mitigation. At that point the Court sentenced the Defendant to a sentence of not less than 75 nor more than 99 months. That sentence is not from the aggravated range. That sentence is from the presumptive range.
So the problem in 99 CRS 29086 is that the Defendant was sentenced in the inappropriate range. Then the Court sentenced the Defendant in regard to robbery with a dangerous weapon of Donald James Hunt, Jr., a Class D felony, prior record level II. The Court indicated that the same aggravating factors that had previously been found in 99 CRS 29087 were also found as to this charge. The Court made no findings in mitigation and did not intend to find and did not find that there were any mitigating factors, and the Court then imposed another sentence of 75 months minimum, 99 months maximum, which also was not in the aggravated range but was in the presumptive range which was not the correct sentencing procedure.

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

Related

Stafford v. Ishee
W.D. North Carolina, 2023

Cite This Page — Counsel Stack

Bluebook (online)
601 S.E.2d 219, 166 N.C. App. 118, 2004 N.C. App. LEXIS 1606, 2004 WL 1960068, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-stafford-ncctapp-2004.