State v. White

827 S.E.2d 80, 372 N.C. 248
Supreme Court of North Carolina·Decided May 10, 2019·No. 396PA17·Published·Cited by 42 cases

Opinions

BEASLEY, Chief Justice.

**249The sole question presented by this appeal is whether the superseding indictment upon which defendant was tried and convicted was facially defective, and thus failed to establish jurisdiction in the trial court, because it identified the alleged victim only as "Victim #1." For the reasons stated below, we hold that an indictment identifying the alleged victim only as "Victim #1" fails to satisfy the statutory requirement that the indictment name the victim; and, therefore, the indictment is facially invalid. As a result, the trial court's judgment must be vacated.

Background

Beginning in December 2010, the victim, Hannah,1 lived with her mother and defendant in defendant's trailer for a brief time when she was around seven years old. Hannah reported to her aunt in 2013 that defendant had molested her during her stay at the trailer. Defendant confessed in writing to sexually assaulting Hannah after Hannah's aunt reported the incident to the police. On 1 May 2013, an arrest warrant was issued, alleging probable cause to believe that defendant "unlawfully, willfully and feloniously did engage in a sex offense with [Hannah], a child under the age of 13 years." On the same day, defendant was arrested and charged with one count of first-degree sex offense with a child in violation of N.C.G.S. § 14-27.4A(1) (recodified as N.C.G.S. § 14-27.28(a) (2015) ). A grand jury returned a true bill of indictment on this charge on 8 July 2013. On 18 May 2015, the grand jury returned a superseding indictment, which charged defendant with one count of sexual offense with a child by an adult, stating that he "engage[d] in a sexual act with Victim #1, a child who was under the age of 13 years, namely 7 years old," and added a new count of indecent liberties with a child, alleging that "[t]he name of the child is Victim #1." Both the arrest warrant and the original indictment identified Hannah by her full name.

**250The case was tried at the 31 August 2015 session of Superior Court, Graham County, with the Honorable J. Thomas Davis presiding. On 9 September 2015, the jury returned a verdict finding defendant guilty of sexual offense with a child by an adult offender. The trial court imposed an active sentence of 300 to 369 months of imprisonment. On 17 October 2017, the Court of Appeals affirmed defendant's conviction in an unpublished opinion, State v. White , --- N.C. App. ----, 805 S.E.2d 563, 2017 WL 4638188 (2017) (unpublished). Defendant petitioned this Court for review, arguing that the Court of Appeals erred by holding that an indictment that failed to identify the alleged victim was not facially invalid.

Before the Court of Appeals, defendant argued that the superseding indictment upon which he was convicted was invalid because it identified the victim as "Victim #1" rather than naming the victim as the short-form indictment statute for the offense directs. White , 2017 WL 4638188, at * 2. The Court of Appeals held that the indictment was valid because the identity of the victim could be ascertained by reference to other documents in the record. Id. at *3 (relying on State v. McKoy , 196 N.C. App. 650, 657-58, 675 S.E.2d 406, 412, appeal dismissed and disc. rev. denied , 363 N.C. 586, 683 S.E. 2d 215 (2009) ).

*82Analysis

"A defendant can challenge the facial validity of an indictment at any time, and a conviction based on an invalid indictment must be vacated." State v. Campbell, 368 N.C. 83, 86, 772 S.E.2d 440, 443 (2015) (citing McClure v. State , 267 N.C. 212, 215, 148 S.E.2d 15, 17-18 (1966) ). The sufficiency of an indictment is a question of law reviewed de novo. See, e.g., State v. Sturdivant , 304 N.C. 293, 307-11, 283 S.E.2d 719, 729-31 (1981).

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State v. White, 827 S.E.2d 80, 372 N.C. 248 (N.C. 2019).

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