STATE OF NORTH CAROLINA
v. New Hanover County
No. 02 CRS 15408-09
DWAYNE ANTONIO NIXON 02 CRS 15411
Attorney General Roy Cooper, by Special Deputy Attorney
General Jill B. Hickey, for the State.
Beaver, Holt, Sternlicht, Glazier, Carlin, Britton, & Courie,
P.A., by Richard B. Glazier, for defendant-appellant.
WYNN, Judge.
Defendant Dwayne Antonio Nixon appeals from judgments of the
trial court entered upon jury verdicts finding him guilty of
attempted statutory sex offense of a thirteen, fourteen, or
fifteen-year-old, taking indecent liberties with a child, breaking
and entering, and assault on a female. Defendant argues the trial
court erred by admitting evidence of flight occurring seven months
after the crimes were committed. We find no error by the trial
court.
At trial, the State presented evidence tending to show the
incidents giving rise to the charges occurred on 25 July 2002. The
victims identified Defendant as the perpetrator. Detective DavidShort of the Wilmington Police Department testified that on 25 July
2002 and in the days and weeks thereafter he and other officers
unsuccessfully searched for Defendant in the Wilmington area at the
residences of Defendant's girlfriend and mother. Detective Short
also had information that Defendant had moved to Charlotte.
Officer Jimmy Snead of the Wilmington Police Department testified
that on 27 February 2003 he was on patrol and serving warrants. He
observed Defendant walking in the Creekwood Apartments area of
Wilmington. After verifying that warrants for Defendant's arrest
were still outstanding, he approached Defendant and announced that
he had warrants for Defendant's arrest. Defendant pulled his
pants up fairly high and took off running. Defendant objected to
this testimony and the trial court overruled the objection.
Officer Snead subsequently testified that officers apprehended
Defendant in the bathroom of a residence and served him with the
warrants.
The jury found Defendant guilty of attempted statutory sex
offense of a thirteen, fourteen, or fifteen-year-old, taking
indecent liberties with a child, breaking and entering, and assault
on a female. Defendant was sentenced to 201-251 months for
attempted statutory sex offense and twenty to twenty-four months
for the remaining offenses. Defendant appealed.
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