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All opinions are subject to modification and technical correction prior to official publication in the North Carolina Reports and North Carolina Court of Appeals Reports. In the event of discrepancies between the electronic version of an opinion and the
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STATE OF NORTH CAROLINA v. DAVID PAUL SHELMAN
NO. COA02-1261
Filed: 5 August 2003
1. Evidence--package of methamphetamine--authenticity--chain of
custody
The trial court did not err in a trafficking in
methamphetamine by possession and by transportation case by
admitting into evidence a package of methamphetamine found in
defendant's possession even though defendant contends the State
failed to present adequate evidence of authenticity and chain of
custody, because: (1) the State presented sufficient evidence on
the unity of identity between the methamphetamine delivered to an
inspector and that which was admitted at trial; and (2) the
issues raised by defendant essentially go to alleged weaknesses
in the State's case and do not render the methamphetamine package
inadmissible.
2. Drugs--trafficking in methamphetamine by possession and by
transportation--motion to dismiss--sufficiency of evidence
The trial court did not err by denying defendant's motion to
dismiss the charge of trafficking in methamphetamine by
possession and by transportation under N.C.G.S. § 90-95(h)(3b),
because: (1) knowing possession of any amount of methamphetamine
is a felony, and the weight is relevant only as to whether
trafficking can properly be charged; (2) the State is not
required to prove that defendant had knowledge of the weight or
amount of methamphetamine which he knowingly possessed or
transported; and (3) the evidence established that several
witnesses testified to observing defendant hold and carry a
package that contained approximately 1700 grams of
methamphetamine, defendant testified he went to his house for the
express purpose of retrieving the package, and an inspector
testified that defendant admitted knowing the package would
contain drugs.
3. Confessions and Incriminating Statements--trafficking in
methamphetamine by possession and by
transportation_instruction on confession
The trial court did not err in a trafficking in
methamphetamine by possession and by transportation case by
instructing the jury that there was evidence tending to show
defendant had confessed to trafficking in methamphetamine,
because: (1) an instruction on confession is appropriate if
defendant has admitted taking certain actions that, if true,
would constitute a criminal offense; and (2) an inspector's
testimony was sufficient to support the trial court's instruction
to the jury on confession.
4. Appeal and Error--preservation of issues--peremptory excusal
of black female jurors--insufficient record
Although defendant contends the trial court erred in a
trafficking in methamphetamine by possession and by
transportation case by failing to find that defendant presented
prima facie evidence of prosecutorial discrimination in jury
selection and by failing to require the prosecutor to articulate
a race-neutral reason for his peremptory excusal of three black
female jurors, the record is insufficient to permit proper
appellate review of this issue because: (1) jury selection in
this case was not recorded; and (2) the record does not include
any other document that purports to reconstruct the relevant
details of jury selection.
5. Sentencing_-trafficking in methamphetamine by possession and
by transportation-_same punishment not required for
different defendants
The trial court did not err in a trafficking in
methamphetamine by possession and by transportation case by its
sentencing of defendant, because: (1) defendant received the
minimum sentence permitted by N.C.G.S. § 90-95(h); and (2) even
though defendant received a greater sentence than his codefendant
received pursuant to a plea bargain, there is no requirement of
law that defendants charged with similar offenses be given the
same punishment.
Appeal by defendant from judgment entered 19 February 2002 by
Judge Donald M. Jacobs in Wayne County Superior Court. Heard in
the Court of Appeals 11 June 2003.
Attorney General Roy Cooper, by Assistant Attorney General
Margaret P. Eagles, for the State.
Paul M. Green, for defendant-appellant.
LEVINSON, Judge.
Defendant (David Shelman) appeals from conviction of
trafficking in methamphetamine by possession and by transportation.
We conclude the defendant had a fair trial, free of prejudicial
error.
The State's evidence tended to show, in relevant part, thefollowing: U.S. Postal Inspector Charles Thompson testified that
he was assigned to narcotics investigations and that in April,
2001, he was informed by postal inspectors from Indianapolis,
Indiana, that a package of methamphetamine had been intercepted in
Indianapolis. The box of methamphetamine was shipped to Inspector
Thompson for investigation and delivered to him under seal on 30
April 2001. Inspector Thompson met with members of the drug
enforcement unit of the Wayne County Sheriff's department, and
together they planned a controlled delivery. The officers
conducted a preliminary field test of the box's contents to confirm
that it contained a controlled substance, then resealed the
package, attaching an electronic device that would emit a signal if
someone attempted to break the seal.
The box was addressed to a David Pool of 107 Squire Ridge
Lane, Dueley, North Carolina, which Inspector Thompson determined
was probably a misspelling of 107 Squirrel Ridge Lane in Dueley.
Accordingly, Inspector Thompson drove to defendant's family home at
107 Squirrel Ridge Road, posing as a letter carrier. There he
spoke with defendant's sister, Veronica Shelman, who told him that
the David Pool on the package was likely a misspelling of her
brother's name, David Paul Shelman. Veronica signed for the
package, and Inspector Thompson left it at the Shelman house.
After delivering the package of methamphetamine, Inspector
Thompson and the other officers set up a surveillance team to watch
the house. Several hours later, the officers observed defendant
arrive at the house in a car driven by another man, Cesar Rivera.
Defendant went inside briefly, then reappeared carrying thepackage. He got back into Rivera's car and the men began driving
away. The electronic device attached to the package began beeping
almost immediately, and the law enforcement officers converged upon
the car. The box of methamphetamine was found on the floor of the
car, between the defendant's feet. Defendant was taken out of the
car and arrested.
Inspector Thompson interviewed defendant shortly after his
arrest. Defendant was advised of his rights and agreed to speak
with Inspector Thompson. At trial, Inspector Thompson summarized
defendant's statements as follows: Defendant admitted to recent use
of marijuana and methamphetamine. Several weeks before defendant's
arrest, Rivera received a package at 107 Squirrel Ridge Road.
Defendant's brother later gave him some methamphetamine and told
defendant that it came from the first package. Defendant heard
Rivera was a methamphetamine dealer, and when Rivera told defendant
a week earlier that another package would be arriving at the house,
defendant knew the package would contain methamphetamine.
Defendant and Rivera worked for the same employer, and on 30 April
2001 defendant made a phone call to his sister Veronica from work.
Veronica told defendant that the package had arrived and that she
suspected it contained drugs. In response, he told Veronica, I
know. After work, defendant and Rivera drove directly to
defendant's house to get the package. Defendant retrieved the
package and he and Rivera were on the way to another friend's house
when they were stopped by the police.
SBI Agent Linda Farren testified that she subjected the
material found in the box to chemical testing and determined thatthe package contained approximately 1700 grams of methamphetamine.
Additionally, DEA Agent Terry Beckstrom testified on rebuttal that
he observed Inspector Thompson's interview with defendant, and that
Thompson's testimony generally comported with his own recollection
of defendant's statements.
Defendant testified that Rivera had lived with his family. He
denied knowing the package would contain methamphetamine and denied
telling Inspector Thompson that he knew Rivera was a
methamphetamine dealer or that he knew the package held drugs.
_______________________________
[1] Defendant has raised five issues on appeal. He argues
first that the trial court erred by admitting into evidence the
package of methamphetamine. Defendant contends the State failed to
present adequate evidence of authenticity and chain of custody. We
disagree.
According to long-established precedent:
a
two-pronged test must be satisfied before
real evidence is properly received into
evidence. The item offered must be identified
as being the
same object involved in the
incident and it must be shown that the object
has undergone
no material change. The trial
court . . . exercise[s] sound discretion in
determining the standard of certainty that is
required to show that an object offered is the
same as the object involved in the incident
and is in an unchanged condition. . . .
Further, any
weak links in a chain of custody
relate only to the weight to be given evidence
and not to its admissibility.
State v. Campbell, 311 N.C. 386, 388-89, 317 S.E.2d 391, 392 (1984)
(emphasis added) (citation omitted). In the instant case,
defendant concedes that the State presented sufficient evidence
under this standard to support a finding that the package seized .. . and the controlled substance analyzed by the SBI lab, were the
same package and controlled substance as had been received by
[Inspector Thompson].
Defendant, however, contends that in addition to meeting the
standard enunciated in
Campbell, id., the State also was required
to present evidence establishing the history of the drugs and of
the package
before Inspector Thompson received it. In support of
this proposition, defendant cites only
State v. Mason, 144 N.C.
App. 20, 550 S.E.2d 10 (2001). However, in
Mason the State failed
to present sufficient evidence that a videotape introduced at trial
was the same one that law enforcement officers obtained on the
night of a robbery, and that the videotape was unchanged. As
defendant acknowledges, in the present case the State presented
sufficient evidence on the unity of identity between the
methamphetamine delivered to Inspector Thompson and that which was
admitted at trial. Therefore,
Mason is not pertinent to the case
sub judice.
We conclude that the issues raised by defendant essentially go
to alleged weaknesses in the State's case, and do not render the
methamphetamine package inadmissible.
This assignment of error is
overruled.
_______________________
[2] Defendant next argues that the evidence was insufficient
as a matter of law to sustain his conviction for the charged
offenses. We disagree.
Upon a defendant's motion to dismiss for insufficiency of the
evidence: the trial court must determine whether the
State has presented substantial evidence of
each essential element of the offense charged
and substantial evidence that the defendant is
the perpetrator. If substantial evidence of
each element is presented, the motion for
dismissal is properly denied. 'Substantial
evidence is relevant evidence that a
reasonable mind might accept as adequate to
support a conclusion.'
State v. Cross, 345 N.C. 713, 716-17, 483 S.E.2d 432, 434 (1997)
(quoting
State v. Olson, 330 N.C. 557, 564, 411 S.E.2d 592, 595
(1992)). It is immaterial whether the substantial evidence is
circumstantial or direct, or both.
State v. Stephens, 244 N.C.
380, 383, 93 S.E.2d 431, 433 (1956). Circumstantial evidence may
withstand a motion to dismiss and support a conviction even when
the evidence does not rule out every hypothesis of innocence. The
evidence need only give rise to a reasonable inference of guilt in
order for it to be properly submitted to the jury[.]
State v.
Stone, 323 N.C. 447, 452, 373 S.E.2d 430, 433 (1988).
In determining whether the State has presented sufficient
evidence to support a conviction, the trial court is required to
view the evidence in the light most favorable to the State, making
all reasonable inferences from the evidence in favor of the State.
State v. Kemmerlin, 356 N.C. 446, 473, 573 S.E.2d 870, 889 (2002)
(citation omitted). Thus, [c]ontradictions and discrepancies must
be resolved in favor of the State, and the defendant's evidence,
unless favorable to the State, is not to be taken into
consideration.
State v. Bullard, 312 N.C. 129, 160, 322 S.E.2d
370, 388 (1984).
In the present case, defendant was convicted of trafficking
in methamphetamine by possession and by transportation, pursuant toN.C.G.S. § 90-95(h)(3b) (2001). The statute provides in pertinent
part that [a]ny person who . . . transports, or possesses 28 grams
or more of methamphetamine . . . shall be guilty of . . .
trafficking in methamphetamine[.] To convict a defendant of this
offense, the State must prove the defendant (1) knowingly possessed
or transported methamphetamine, and (2) that the amount possessed
was greater than 28 grams.
See N.C.G.S. § 90-95(d)(2) (2001);
State v. Rosario, 93 N.C. App. 627, 634, 379 S.E.2d 434, 438
(General Statute 90-95(h) provides that possession of specified
amounts of controlled substances constitutes the offense of
trafficking[.]),
disc. review denied, 325 N.C. 275, 384 S.E.2d 527
(1989).
In the instant case, defendant does not dispute that he
possessed and transported methamphetamine, or that the amount was
well in excess of 28 grams. However, the State also must prove
that the possession or transportation of a controlled substance was
knowing.
See, e.g., State v. Weldon, 314 N.C. 401, 403, 333 S.E.2d
701, 702 (1985) (To convict defendant of trafficking in heroin .
. . the state was required to prove that defendant
knowingly
possessed the [drugs].);
State v. Rogers, 32 N.C. App. 274, 278,
231 S.E.2d 919, 922 (1977) (Felonious possession of a controlled
substance has two essential elements. The substance must be
possessed, and the substance must be 'knowingly' possessed.).
Defendant herein argues that, notwithstanding evidence that he knew
the package would contain methamphetamine, the State also must
present evidence of the package's origin and must prove defendant
knew the weight of methamphetamine in the package, in order toestablish that the package was the one to which defendant's
alleged knowledge pertained. Defendant asserts that the major
issue for the jury to decide was whether or not defendant knew that
the package contained a trafficking amount of methamphetamine. On
this basis, defendant contends that because the State failed to
establish defendant knew the weight of the methamphetamine inside
the package, the evidence was insufficient to establish that he
knowingly possessed or transported the drugs. We disagree.
The gravamen of defendant's argument is an assertion that
knowledge of the
weight or
amount of methamphetamine is an
essential element of the offense of trafficking in methamphetamine.
Defendant cites no authority for this position, and our own review
of the relevant law reveals none. Knowing possession of
any amount
of methamphetamine is a felony, and the weight is relevant only as
to whether trafficking can properly be charged. N.C.G.S. § 90-
95(b)(1) and (h)(3b) (2001). We discern no legal basis for
grafting a new essential element - knowledge of the weight of the
drugs - onto the offense of trafficking in methamphetamine. We
hold, therefore, that to convict an individual of drug trafficking
the State is
not required to prove that defendant had knowledge of
the weight or amount of methamphetamine which he knowingly
possessed or transported. Instead, the statute requires only that
the defendant knowingly possess or transport the controlled
substances; if the amount exceeds 28 grams, then a conviction for
trafficking may be obtained. This is in accord will holdings in
other jurisdictions.
See, e.g., Ex parte Washington, 818 So.2d 424
(Ala. 2001), and
State v. Wiley, 80 S.W.3d 509 (Mo. App. W.D.2002).
We conclude the State's evidence was more than adequate
to support defendant's conviction. Evidence established that the
package contained approximately 1700 grams of methamphetamine.
Several witnesses testified to observing defendant hold and carry
the package; indeed, the defendant testified that he went to his
house for the express purpose of retrieving the package. In
addition, Inspector Thompson testified that defendant admitted
knowing the package would contain drugs. Taken together, this
evidence handily passes the threshold required to sustain his
conviction. This assignment of error is overruled.
____________________________________
[3] Defendant argues next that the trial court erroneously
instructed the jury that there was evidence tending to show
defendant had confessed to trafficking in methamphetamine. We do
not agree.
The instruction delivered by the trial court was taken from
the North Carolina Pattern Jury Instruction 104.70:
There is evidence which tends to show that the
defendant confessed that he committed the
crime charged in this case. If you find that
the defendant made that confession then you
should consider all of the circumstances under
which it was made in determining whether it
was a truthful confession and the weight you
will give to it.
Jury instructions must be based upon a state of facts presented by
some reasonable view of the evidence. State v. Lampkins, 283 N.C.
520, 523, 196 S.E.2d 697, 699 (1973). Thus, this instruction is
proper only where evidence is presented that the defendant
confessed to the charged offense.
A confession is a voluntary statement made by one who is [a]defendant in [a] criminal trial at [a] time when he is not
testifying in trial and by which he acknowledges certain conduct of
his own constituting [a] crime for which he is on trial; a
statement which, if true, discloses his guilt of that crime.
State v. Cannon, 341 N.C. 79, 89, 459 S.E.2d 238, 244-45 (1995)
(quoting Black's Law Dictionary 296 (6th ed. 1990)) (upholding trial
court's use of the instruction at issue herein). Defendant
acknowledges that the State presented evidence that he made certain
statements to Inspector Thompson. However, he contends that these
statements, even if true, do not constitute a confession to
trafficking in methamphetamine.
We again note that conviction of drug trafficking requires
proof that the defendant (1) knowingly (2) possessed or transported
a given controlled substance, and also that (3) the amount
transported was greater than the statutory threshold amount. See
N.C.G.S. § 90-95(h)(3)(a) (2001); State v. Acolatse, 158 N.C. App.
485, 488, 581 S.E.2d 807, 809 (2003) (To prove the offense of
trafficking in cocaine by possession, the State must show 1)
knowing possession of cocaine and 2) that the amount possessed was
28 grams or more.) (quoting State v. White, 104 N.C. App. 165,
168, 408 S.E.2d 871, 873 (1991)). Defendant asserts that he did
not confess to the crime charged because his statements to
Inspector Thompson did not include evidence that he knew the very
large amount of drugs in the package. However, as discussed
above, although conviction requires proof that defendant know the
nature of the substance in his possession, neither the statute nor
case law supports defendant's contention that the State also mustprove defendant knew the weight of the methamphetamine he
possessed, or that the drugs weighed more than the threshold amount
for trafficking.
Defendant also argues that his statements to Inspector
Thompson were not a confession, but merely an explanation of the
circumstances leading up to his arrest[.] This argument is
without merit. Regardless of defendant's characterization of the
statements, or his intent in providing the information to Inspector
Thompson, an instruction on confession is appropriate if defendant
has admitted taking certain actions that, if true, would constitute
a criminal offense. See, e.g., State v. Hamilton, 298 N.C. 238,
258 S.E.2d 350 (1979) (defendant's statement properly characterized
as confession where he admitted acts constituting the offenses of
rape and burglary, even though defendant stated the acts were
committed as part of consensual sexual encounter with eleven year
old girl).
Defendant further contends that he cannot be deemed to have
confessed to trafficking in methamphetamine because his statements
to Inspector Thompson did not indicate that he had an ownership
interest in the methamphetamine, nor that he had any power or
intent to control its use or disposition, or to sharing any plan or
common purpose . . . with [Rivera]. However, the offense of
trafficking does not require proof of an ownership interest in
the drugs. Further, as defendant was not charged with conspiracy,
evidence of a common purpose or plan with Rivera is not required.
Regarding evidence of defendant's power or intent to control its
use or disposition, we note that evidence which places an accusedwithin close juxtaposition to a narcotic drug under circumstances
giving rise to a reasonable inference that he knew of its presence
may be sufficient to justify the jury in concluding that it was in
his possession. State v. Weems, 31 N.C. App. 569, 571, 230 S.E.
2d 193, 194 (1976). In the present case, evidence established that
the methamphetamine was delivered to defendant's family home; that
he was the one who entered the house and retrieved the package; and
that it was seized from between his feet on the floor of the car.
Moreover, defendant told Inspector Thompson that he and Rivera had
gone to the house to obtain the package. We conclude that
Inspector Thompson's testimony was sufficient to support the trial
court's instruction to the jury on confession. This assignment of
error is overruled.
____________________________
[4] Defendant next argues that the trial court erred by
failing to require the prosecutor to articulate a race-neutral
reason for his peremptory excusal of three black female jurors.
Racial discrimination in the exercise of peremptory challenges
is barred both by the Equal Protection Clause of the Fourteenth
Amendment to the U. S. Constitution, and by Art. I, § 26 of the
Constitution of North Carolina. Batson v. Kentucky, 476 U.S. 79,
89, 90 L. Ed. 2d 69, 83, (1986). In Batson, the United States
Supreme Court
outlined a three-step process for evaluating
claims that a prosecutor has used peremptory
challenges in a manner violating the Equal
Protection Clause. . . . First, the defendant
must make a prima facie showing that the
prosecutor has exercised peremptory challenges
on the basis of race. Second, if the
requisite showing has been made, the burdenshifts to the prosecutor to articulate a
race-neutral explanation for striking the
jurors in question. Finally, the trial court
must determine whether the defendant has
carried his burden of proving purposeful
discrimination.
Hernandez v. New York, 500 U.S. 352, 358-59, 114 L. Ed. 2d 395, 405
(1991) (citing Batson, 476 U.S. at 96-98, 90 L. Ed. 2d at 87-89).
Although Batson is usually applied in the context of racial
discrimination, we have extended the Batson analysis to the issue
of gender discrimination in jury selection. State v. Wiggins, 159
N.C. App. 252, 262, 584 S.E.2d 303, 312 (2003) (citing State v.
Call, 349 N.C. 382, 403, 508 S.E.2d 496, 510 (1998)). In reviewing
a court's determination that defendant failed to make out a prima
facie case, this Court must evaluate an array of relevant factors
including:
(1) the characteristic in question of the
defendant, the victim and any key witnesses;
(2) questions and comments made by the
prosecutor during jury selection which tend to
support or contradict an inference of
discrimination based upon the characteristic
in question;
(3) the frequent exercise of peremptory
challenges to prospective jurors with the
characteristic in question that tends to
establish a pattern, or the use of a
disproportionate number of peremptory
challenges against venire members with the
characteristic in question;
(4) whether the State exercised all of its
peremptory challenges; and,
(5) the ultimate makeup of the jury in light
of the characteristic in question.
Wiggins at 263, 584 S.E.2d at 312.
In the present case, the record indicates that after a number
of jurors were selected, the defendant made a Batson motion
alleging that the prosecutor exercised peremptory challenges in adiscriminatory manner by excusing black female jurors. There was
some discussion between defense counsel and the trial court
regarding the race and gender of the jurors already selected. The
trial court obtained a stipulation from the defendant that the
panel included both white and black males, and white females. The
trial court also made a find[ing] for the record that there were
no racial remarks made to the jury by the State in their questions
. . . [and] no gender remarks[.] Thereafter, the trial court
ruled that defendant had failed to make out a prima facie case of
discriminatory exercise of peremptory challenges, and denied
defendant's Batson motion. Defendant argues on appeal that the
trial court erred by failing to find that he presented prima facie
evidence of prosecutorial discrimination in jury selection, and by
failing to require the prosecutor to offer a race and gender
neutral reason for his use of peremptory challenges. We conclude,
however, that the record is insufficient to permit proper appellate
review of this issue.
Jury selection in this case was not recorded. Further, the
record does not include any other document that purports to
reconstruct the relevant details of jury selection. Without a
transcript or some other document setting out pertinent aspects of
jury selection, this Court does not have enough information upon
which to assess defendant's claim. For example, the record does
not indicate the total number of potential jurors questioned by the
prosecutor; their race or gender; the number or percent accepted;
whether similarly situated prospective jurors received disparate
treatment on the basis of race or gender; or whether the remarks toprospective jurors suggested any bias. Nor is the transcript of
the trial court's discussion with defense counsel regarding
defendant's Batson challenge an adequate substitute for these
factual details:
[Counsel's statement] cannot serve as a
substitute for record proof. . . . We hold
that as a rule of practice, counsel who seek
to rely upon an alleged impropriety in the
jury selection process must provide the
reviewing court with the relevant portions of
the transcript of the jury voir dire.
Jackson v. Housing Authority of High Point, 321 N.C. 584, 586, 364
S.E.2d 416, 417 (1988). See also State v. Bellamy, 159 N.C. App.
143, 146, 582 S.E.2d 663, 666 (2003) (Without an adequate record
to fully reconstruct the [jury selection issue], this Court has no
ability to determine whether prejudicial error occurred. . . .
[T]he record before us is insufficient for appellate review and
this assignment of error must be dismissed.) (citing State v.
Moore, 75 N.C. App. 543, 548, 331 S.E.2d 251, 254-55, disc. review
denied, 315 N.C. 188, 337 S.E.2d 862 (1985)). We conclude that the
record does not reconstruct jury selection in sufficient detail to
enable this Court to conduct appellate review of the trial court's
determination that defendant failed to make a prima facie showing
of race and gender discrimination in the prosecutor's exercise of
peremptory challenges. Accordingly, this assignment of error is
dismissed.
_____________________
[5] Finally, defendant argues that his sentence was severe
and disproportionate in violation of his state and federal
constitutional rights. We disagree. Defendant received the minimum sentence permitted by N.C.G.S.
§ 90-95(h) (2001), which provides in relevant part that:
(3b) Any person who sells, manufactures,
delivers, transports, or possesses 28 grams or
more of methamphetamine . . . shall be guilty
of a felony . . . known as 'trafficking in
methamphetamine' . . . and if the quantity of
such substance or mixture involved . . .
(c)[is] 400 grams or more, such person shall
be punished as a Class C felon and shall be
sentenced to a minimum term of 225 months and
a maximum term of 279 months in the State's
prison and shall be fined at least two hundred
fifty thousand dollars ($ 250,000).
N.C.G.S. § 90-95(h)(3b)(c). It is well settled that the General
Assembly and not the judiciary determines the minimum and maximum
punishment which may be imposed on those convicted of crimes. The
legislature alone can prescribe the punishment for those crimes.
State v. Perry, 316 N.C. 87, 101, 340 S.E.2d 450, 459 (1986)
(rejecting defendant's argument that imposition of the mandatory
minimum sentence and fine [for drug trafficking] violates . . . the
due process and equal protection clauses of the United States
Constitution) (citing
State v. Jernigan, 279 N.C. 556, 184 S.E.2d
259 (1971)). Moreover, this Court is bound by precedent of the
North Carolina Supreme Court.
State v. Gillis, 158 N.C. App. 48,
580 S.E.2d 32 (2003).
Nor did the court err by sentencing defendant to a greater
sentence than that received by Rivera pursuant to a plea bargain.
See, e.g., State v. Garris, 265 N.C. 711, 712, 144 S.E.2d 901, 902
(1965) (There is no requirement of law that defendants charged
with similar offenses be given the same punishment.)
;
State v.
Sligh, 27 N.C. App. 668, 669, 219 S.E.2d 801, 802 (1975) (court did
not err by imposing a sentence against defendant which was greatlyin excess of the sentence given his codefendant . . . under [his]
plea bargaining arrangement). This assignment of error is
overruled.
We conclude that defendant received a trial free from
prejudicial
error.
No error.
Judges MARTIN and TYSON concur.
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