State v. Stokes

352 S.E.2d 653, 319 N.C. 1, 1987 N.C. LEXIS 1829
CourtSupreme Court of North Carolina
DecidedFebruary 3, 1987
Docket553A83
StatusPublished
Cited by297 cases

This text of 352 S.E.2d 653 (State v. Stokes) is published on Counsel Stack Legal Research, covering Supreme Court 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. Stokes, 352 S.E.2d 653, 319 N.C. 1, 1987 N.C. LEXIS 1829 (N.C. 1987).

Opinions

EXUM, Chief Justice.

This appeal is from a new sentencing hearing ordered by this Court in State v. Stokes, 308 N.C. 634, 304 S.E. 2d 184 (1983), at which a death sentence was imposed. Defendant contends: (1) The court lacked jurisdiction over him; (2) there was error in admitting his out-of-court statement; (3) the evidence was insufficient to support the “especially heinous” aggravating circumstance and submission of an Enmund issue1 to the jury; and (4) his death sentence was excessive or disproportionate when considered against sentences imposed in similar cases. We find no error in the proceeding. We agree that the death sentence is excessive and disproportionate. The death sentence is, therefore, set aside and a sentence of life imprisonment is imposed.

I.

On 28 December 1981 between 6 and 6:30 p.m., four young men, Ricky Benbow, Lorenzo Thomas, James Murray, and defendant here, Freddie Stokes, all in their late teens or early twenties, conspired to and did rob Kauno Lehto at his Wilmington Bonded Warehouse.2 In the course of the robbery Lehto was beaten severely on and about the head. The blows fractured his skull and caused hemorrhaging into his brain from which Lehto died some fourteen hours after the attack.

In January 1982 Thomas gave a statement to Wayne Norris, a Wilmington police investigator, implicating himself and his [4]*4three accomplices in the crimes committed against Lehto. Information provided by Thomas resulted in the arrests of Benbow, Murray and Stokes. Ultimately Thomas pled guilty to second degree murder and was sentenced to fifteen years’ imprisonment. Benbow pled guilty to second degree murder and was sentenced initially to life imprisonment but on appeal won a new sentencing hearing. At his new sentencing hearing Benbow, on 1 May 1984, was sentenced to twenty-five years’ imprisonment.3

Both Murray and Stokes entered pleas of not guilty; at separate trials both were convicted by juries of first degree felony murder, armed robbery and felonious larceny. In both cases judgment was arrested on the armed robbery conviction; defendants were sentenced to ten years’ imprisonment on the larceny conviction, and sentencing hearings were conducted on the first degree murder conviction. In Murray’s case the jury recommended that he be sentenced to life imprisonment4 and judgment was entered accordingly. This Court found no error in Murray’s trial. State v. Murray, 310 N.C. 541, 543, 313 S.E. 2d 523, 526 (1984).5

A.

As for Stokes, the defendant here, the jury at his first trial recommended as punishment for the murder a sentence of death, and judgment was entered accordingly. State v. Stokes, 308 N.C. at 641, 304 S.E. 2d at 187. This Court found no error in the guilt phase of Stokes’ trial but, finding error in the sentencing phase, ordered that a new sentencing hearing be conducted. Id. at 658, 304 S.E. 2d at 199. At the new sentencing hearing, from which the present appeal is taken, the jury again recommended a sentence of death, which was imposed.

On Stokes’ first appeal, he contended, and this Court agreed, that he was entitled to have Enmund issues submitted to the jury before the jury considered the issues mandated by our capital sentencing statute, N.C.G.S. § 15A-2000. In Enmund the United [5]*5States Supreme Court considered a Florida death sentence imposed on Enmund, who had participated with two others in the burglary-murder of an elderly couple. The two others had actually entered the couple’s home where they murdered the victim. Enmund drove the getaway car. Enmund was convicted of felony murder as an aider and abettor, or principal in the second degree. Because there was no proof “that Enmund killed or attempted to kill, . . . [or] intended or contemplated that life would be taken . . .,” the Supreme Court concluded Enmund’s death sentence was excessive under the Eighth and Fourteenth Amendments. Enmund v. Florida, 458 U.S. 782, 801, 73 L.Ed. 2d 1140, 1154 (1982).

At Stokes’ first trial the state’s evidence, briefly summarized, was as follows: Lorenzo Thomas testified that Ricky Ben-bow, in the presence of James Murray and defendant, told Thomas that Benbow, Murray and defendant were going to Lehto’s warehouse to rob Lehto; Benbow asked Thomas to be a lookout and Thomas agreed. Thomas later observed Murray and defendant struggling with the victim on a ramp leading to one of the warehouse’s doors. Benbow was at the bottom of the ramp. Murray, Benbow and defendant left the scene in Lehto’s car with defendant driving. The state also offered defendant’s out-of-court statement. According to this statement defendant acted as lookout while Benbow and Thomas went to the warehouse. There Thomas struck Lehto, and Thomas and Benbow robbed Lehto of Lehto’s car keys and money.

Defendant, himself, testified that he had no part in the crimes at all and offered evidence of an alibi.

The trial court instructed the jury that Stokes could be found guilty of first degree murder on the theory that he actually struck the fatal blows or on the theory that, as a lookout for other accomplices, he was an aider and abettor. The jury returned a general verdict of guilty without specifying upon which of these theories it relied.

On Stokes’ first appeal, this Court concluded that defendant was entitled to a new sentencing hearing at which special issues required by Enmund would be submitted and answered by the jury. The Court noted that, unlike Enmund, there was enough evidence from which a jury could find that Stokes himself in[6]*6flicted the fatal blows; therefore Stokes was not entitled, as Enmund was, to have his death sentence vacated as a matter of law. Stokes’ out-of-court statement, however, offered by the state, was some evidence to the contrary, tending to show defendant at most acted as a lookout for other accomplices. This created an evidentiary conflict on the question of the extent of Stokes’ participation in the murder — a conflict which, under Enmund, must be resolved by the jury favorably to the state before Stokes could be sentenced to death. The Court ordered a new sentencing hearing at which the following issues would be submitted to and answered by the jury as the Court directed:

1. Did defendant deliver the fatal blows which caused the victim’s death?
2. If not, did defendant, while acting as an aider and abettor, attempt to kill, intend to kill, or contemplate that life would be taken during the commission of the felony?
Of course, defendant and the State will be permitted to offer competent evidence pertinent to the resolution of these issues.
If the jury should answer either of the above-stated questions ‘yes,’ then the jury would proceed to hear competent evidence concerning the aggravating and mitigating circumstances and return its recommendation as to whether defendant’s punishment should be imprisonment for life or the death sentence. However, if the jury should answer both issues ‘no,’ it would return a recommendation of life imprisonment.

State v. Stokes, 308 N.C. at 651-52, 304 S.E. 2d at 195.

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

Related

State v. Richardson
Supreme Court of North Carolina, 2023
State v. McNeill
813 S.E.2d 797 (Supreme Court of North Carolina, 2018)
State v. Burrow
721 S.E.2d 356 (Court of Appeals of North Carolina, 2012)
State v. Phillips
711 S.E.2d 122 (Supreme Court of North Carolina, 2011)
State v. Lane
707 S.E.2d 210 (Supreme Court of North Carolina, 2011)
State v. Waring
701 S.E.2d 615 (Supreme Court of North Carolina, 2010)
State v. Maness
677 S.E.2d 796 (Supreme Court of North Carolina, 2009)
State v. Taylor
669 S.E.2d 239 (Supreme Court of North Carolina, 2008)
State v. Raines
653 S.E.2d 126 (Supreme Court of North Carolina, 2007)
State v. Cummings
648 S.E.2d 788 (Supreme Court of North Carolina, 2007)
State v. Forte
629 S.E.2d 137 (Supreme Court of North Carolina, 2006)
State v. Morgan
596 S.E.2d 244 (Supreme Court of North Carolina, 2004)
State v. Thompson
594 S.E.2d 195 (Supreme Court of North Carolina, 2004)
State v. Bell
592 S.E.2d 200 (Supreme Court of North Carolina, 2004)
State v. Tirado
599 S.E.2d 515 (Supreme Court of South Carolina, 2004)
State v. Garcia
597 S.E.2d 724 (Supreme Court of North Carolina, 2004)
State v. Maske
591 S.E.2d 521 (Supreme Court of North Carolina, 2004)
State v. Squires
591 S.E.2d 837 (Supreme Court of North Carolina, 2003)
State v. Haselden
577 S.E.2d 594 (Supreme Court of North Carolina, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
352 S.E.2d 653, 319 N.C. 1, 1987 N.C. LEXIS 1829, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-stokes-nc-1987.