STATE OF NORTH CAROLINA v. SHARON L. WILLIAMS
No. COA98-937
(Filed 18 May 1999)
1. Robbery--common law--sufficiency of evidence
The trial court did not err by denying defendant's motion to dismiss a common law
robbery charge for insufficient evidence where defendant and Shelton smoked crack for several
hours while riding around; defendant stopped at a gas station and Shelton jumped out of the
truck and pointed a rifle at the victim, who was using a pay telephone; Shelton struck the victim
with the rifle and took his wallet back to the truck; defendant sped off to avoid capture; and she
asked Shelton about receiving some of the money.
2. Criminal Law--habitual felon--no express admission of guilt--guilty plea
The trial court did not err by entering judgment against defendant on an habitual felon
indictment where defendant contended that she had not entered a guilty plea, but her counsel had
agreed to proceed in the manner proposed by the court; she stipulated at trial that she had
attained the status of an habitual felon; the court asked defendant questions to establish a record
of her plea of guilty on this charge; and defendant informed the court that she understood that
her stipulations would give up her right to have a jury determine her status as an habitual felon.
Defendant did in fact plead guilty to the habitual felon charge despite the fact that she did not
expressly admit her guilt.
3. Criminal Law--habitual felon--guilty plea--failure to inform of consequences
Defendant was aware of the consequences of her guilty plea to being an habitual felon
where the trial court inquired whether defendant understood that as a consequence of being an
habitual felon she would be sentenced as a Class C felon as opposed to a Class G felon,
defendant responded in the affirmative and indicated that she had no questions about being an
habitual felon, defendant admitted that she had committed each of the felonies listed on the
habitual felon indictment, and she admitted that she was proceeding voluntarily and without
deals or threats.
Appeal by defendant from judgment entered 13 August 1997 by
Judge Henry W. Hight, Jr., Superior Court, Wake County. Heard in
the Court of Appeals 22 April 1999.
Attorney George E. Kelly, III for the defendant.
Michael F. Easley, Attorney General, by Robert A. Crabill,
Assistant Attorney General, for the State.
WYNN, Judge.
[W]here two agree to do an unlawful act, each isresponsible for the act of the other, provided it be done in
pursuance of the original understanding or in furtherance of the
common purpose. State v. Barnes, 345 N.C. 184, 232, 481 S.E.2d
44, 70 (1997). Because the evidence in this case shows that the
defendant acted with another to commit a robbery to receive money
to purchase crack, we uphold her conviction for common law
robbery. Furthermore, we find no error in classifying her as an
habitual felon based on her stipulation that she had attained
such status.
The facts of this case show that after being indicted for
armed robbery, a jury in Wake County convicted Sharon L. Williams
of common law robbery and found her to be an habitual felon. The
trial court sentenced her to serve 80-105 months imprisonment.
The evidence showed that on 4 June 1997, Michael Shelton and
Williams smoked crack for several hours while riding around in
her truck. At a gas station, Williams stopped the truck and
Shelton jumped out of the truck pointing a rifle at Victor
Roughton who was using a pay phone; struck Roughton's neck with
the rifle; took his wallet and returned to the truck.
Thereafter, Williams sped off to avoid capture and asked Shelton
about receiving some of the money that had been taken during the
robbery.
Williams contends on appeal that: (1) the trial court erred
in failing to grant her motion to dismiss the robbery charge for
insufficient evidence, and (2) the trial court erred in entering
judgment against her on an habitual felon indictment. For the
reasons stated herein, we uphold the trial court's judgment.
I.
[1]Williams first argues that because there was
insufficient evidence to support the common law robbery charge,
the trial court should have granted her motion to dismiss. We
disagree.
Upon a motion to dismiss by a defendant, the question for
the Court is whether there is substantial evidence (1) of each
essential element of the offense charged, or of a lesser offense
included therein, and (2) of defendant's being the perpetrator of
such offense. If so, the motion is properly denied.
State v.
Brayboy, 105 N.C. App. 370, 373-74, 413 S.E.2d 590, 592 (1992).
Substantial evidence is such relevant evidence as a reasonable
mind might accept as adequate to support a conclusion.
See State
v. Smith, 300 N.C. 71, 265 S.E.2d 164 (1980). In ruling on a
motion to dismiss for insufficient evidence, the trial court must
consider the evidence in the light most favorable to the State,
which is entitled to every reasonable inference which can be
drawn from that evidence.
State v. Dick, 126 N.C. App. 312,
317, 485 S.E.2d 88, 91 (1997).
'[W]here a privity and community of design has been
established, the act of one of those who combined together for
the same illegal purpose, done in furtherance of the unlawful
design, is, in consideration of law, the act of all.'
Barnes,
345 N.C. at 231-32, 481 S.E.2d at 70 (quoting
State v. Haney, 19
N.C. 390, 395 (1837)).
In the subject case, Shelton testified that once he and
Williams ran out of drugs, they discussed robbing someone to getmoney to purchase more drugs. Specifically, Shelton made the
following statements at trial:
Q. Now as I understand it, you know, that the
both of you did this from what you are
saying?
A. It was something that we negotiated upon,
yes. Talked about.
Q. Was it just one person's idea?
A. No it wasn't. Both of us agreed.
Additionally, Shelton testified that once they arrived at
the gas station, Williams urged Shelton to go ahead with the
robbery because no one was around the phone booth where Roughton
was placing a call. Shelton further stated that Williams waited
for him while the robbery was occurring and then asked for her
share of the money once the robbery was completed.
Roughton testified that when Shelton was picking up the
wallet, Williams was motioning for him to hurry back to the
truck. Rougthon also testified that once the robbery was
completed Shelton got in the truck and Williams sped off.
When viewed in the light most favorable to the State, this
evidence is sufficient to establish that Williams acted with
Shelton to commit the robbery in pursuance of the original
understanding to receive additional money to purchase crack.
Therefore, the trial court properly denied her motion to dismiss
the robbery charge.
II.
[2]Williams next contends that the trial court erred in
entering judgment against her on an habitual felon indictment.
Specifically, she asserts that: (1) the trial court's waiver ofher right to a jury verdict was erroneous because she did not
enter a plea of guilty, and (2) the trial court's failure to
inform her of the maximum or minimum possible sentence for the
class of offense violated N.C. Gen. Stat. § 15A-1022.
An accused cannot waive a trial by jury as long as his plea
remains not guilty.
State v. Smith, 291 N.C. 438, 440, 230
S.E.2d 644, 646 (1976). However, there is no requirement
that a defendant give an express admission of guilt for a guilty
plea to be valid.
See State v. Bolinger, 320 N.C. 596, 359
S.E.2d 459 (1987) (holding that defendant's guilty plea was not
invalid on the basis that the trial court did not determine that
he knowingly pled guilty to second-degree murder because the
defendant's responses to the trial court's questioning clearly
indicated that the defendant admitted killing the victim and
intended to plead guilty to second-degree murder). In fact,
while most pleas of guilty consist of both a
waiver of trial and an express admission of
guilt, the latter element is not a
constitutional requisite to the imposition of
criminal penalty. An individual accused of
crime may voluntarily, knowingly, and
understandingly consent to the imposition of
a prison sentence even if he is unwilling or
unable to admit his participation in the acts
constituting the crime.
Id. at 603, 359 S.E.2d at 463 (1987)(quoting
North Carolina v.
Alford, 400 U.S. 25, 37, 91 S.Ct. 160, 167, 27 L. Ed.2d 162, 171
(1970)).
Here, Williams' counsel agreed to proceed in the manner
proposed by the court. Furthermore, Williams stipulated at trial
that she had attained the status of an habitual felon. After
this stipulation, the trial court proceeded by asking Williamsquestions to establish a record of her plea of guilty on this
charge. In her answers to the trial court's questions, Williams
informed the court that she understood that her stipulations
would give up her right to have a jury determine her status as an
habitual felon.
We conclude that Williams did in fact plead guilty to the
habitual felon charge despite the fact that she did not expressly
admit her guilt. Therefore, her assertion that she made no such
plea is without merit.
[3]Moreover, the trial court's failure to inform Williams
of the maximum or minimum sentence for a Class C offense did not
invalidate her guilty plea. N.C. Gen. Stat. § 15A-1022 (1996)
provides that:
(a) Except in the case of corporations or in
misdemeanor cases in which there is a waiver
of appearance . . . a superior court judge
may not accept a plea of guilty or no contest
from the defendant without first addressing
him personally and:
(6) Informing him of the maximum
possible sentence on the charge for the class
of offense for which the defendant is being
sentenced, including that possible from
consecutive sentences and of the mandatory
minimum sentence, if any, on the charge;
Further, [i]t is well established that a guilty plea is not
considered voluntary and intelligent unless it is 'entered by one
fully aware of the direct consequences. . . .'
Bryant v.
Cherry, 687 F.2d 48, 49 (4th Cir. 1982) (quoting
Brady v. U.S.,
397 U.S. 742, 755, 90 S.Ct. 1463, 1472, 25 L. Ed.2d 747, 760
(1970)). Direct consequences have been broadly defined as those
having a 'definite, immediate and largely automatic effect on the
range of the defendant's punishment.'
Id. at 50. (quoting
Cuthrell v. Director, Patuxent Inst., 475 F.2d 1364, 1366 (4th
Cir.),
cert. denied, 414 U.S. 1005, 94 S.Ct. 362, 38 L. Ed.2d 241
(1973)). This definition, however, should not be applied in a
technical, ritualistic manner.
See id;
see also State v.
Richardson, 61 N.C. App. 284, 300 S.E.2d 826 (1983).
In
Bryant, the U.S. Fourth Circuit Court applied the broad
definition of direct consequences in holding that defendant's
guilty plea was voluntary and intelligent even though the trial
court failed to advise the defendant of the seven-year mandatory
minimum sentence for armed robbery as provided in N.C. Gen. Stat.
§ 15A-1022.
Id. The
Bryant Court determined that the
defendant's alleged ignorance of the mandatory minimum sentence
could not have reasonably affected his guilty plea when he
voluntarily entered into a plea agreement with the understanding
that the State would recommend that he receive two consecutive
life sentences.
Id.
In the instant case, the trial court in establishing a
record of Williams' guilty plea inquired whether she understood
that as a consequence of being an habitual felon she would be
sentenced as a Class C felon as opposed to a Class G felon.
Williams responded in the affirmative and indicated that she had
no questions about being an habitual felon. Furthermore, she
admitted that she had committed each of the felonies listed on
the habitual felon indictment and admitted that she was
proceeding voluntarily and without the inducement of deals or
threats.
Following guidance from the
Bryant court in refusing toapply a technical, ritualistic approach, we find that Williams
was aware of the direct consequences of her guilty plea.
Therefore, we reject her second assignment of error.
No error.
Judges WALKER and HUNTER concur.
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