STATE OF NORTH CAROLINA
v. Wake County
Nos. 02 CRS 14382
MAURICE BYRD 02 CRS 37819
Attorney General Roy Cooper, by Special Deputy Attorney
General Amar Majmundar, for the State.
D. Tucker Charns for defendant-appellant.
TIMMONS-GOODSON, Judge.
Defendant was charged with possession of a firearm by a
convicted felon. By a separate bill of indictment, defendant was
charged with attaining the status of habitual felon. Prior to
trial, defendant offered to stipulate “that [defendant] was
convicted on June 2, 2000 in Wake County District Court to meet
[an] element” of the crime of possession of a firearm by a
convicted felon. Defendant offered the limited stipulation to
“avoid the jury hearing anything about him being a convicted felon
during the State's case in chief.” The trial court heard arguments
from the State and defendant's attorney and then denied the
request. The State's evidence tended to show that on the night of 7 May
2002, the Raleigh Police Department conducted a driver's license
check at the corner of Bragg and East Streets. Defendant was
driving his vehicle toward the checkpoint when he made a sudden
turn onto Mangum Street. Police officer W.E. Nordstrom, who had
positioned himself in his patrol vehicle on Mangum Street to
interdict those who attempted to evade the check point, immediately
pulled behind defendant and followed him.
During the pursuit, defendant threw an object out of the
driver's side window. When the object hit the ground, it let off
a “bang.” After Officer Nordstrom pulled defendant over, police
retrieved a hand gun from the grass in front of apartments on
Mangum Street. The hand gun was warm to the touch, which indicated
the gun had recently been fired. At the conclusion of the State's
case, the State read into the record a stipulation that at the time
defendant possessed the firearm, defendant had previously been
convicted of possession with intent to sell or deliver cocaine on
23 November 1999, which is punishable as a Class H felony.
Defendant did not present any evidence. The trial court
instructed the jury that in order to find defendant guilty of the
offense of possession of a firearm by a felon the jury would have
to find beyond a reasonable doubt that defendant had been convicted
of a felony in Wake County and defendant was in possession of a
handgun not within his own home or lawful place of business. A
jury found defendant guilty of possession of a firearm by a
convicted felon. Defendant admitted his status of habitual felon. The trial court found one mitigating factor and no aggravating
factors. The trial court sentenced defendant to a minimum of
seventy months to a maximum of ninety-three months imprisonment.
Defendant appeals.
Defendant contends the trial court erred in allowing the State
to introduce into evidence the specifics of his prior felony
conviction when he had offered to stipulate to the element that he
had a prior felony conviction. Defendant, however, subsequently
stipulated to the specifics of his felony conviction and allowed
the stipulation to be read to the jury. Defendant's stipulation
essentially waives this assignment of error. Because defendant
stipulated to the specifics of his felony conviction, defendant
cannot show any prejudice resulting from the trial court allowing
the prior felony conviction into evidence. See generally, State v.
Maccia, 311 N.C. 222, 229, 316 S.E.2d 241, 245 (1984)(When evidence
is admitted over objection, and the same evidence has been
previously admitted or is later admitted without objection, the
benefit of the objection is lost). Accordingly, this assignment of
error is overruled.
No error.
Judges CALABRIA and LEVINSON concur.
Report per Rule 30(e).
*** Converted from WordPerfect ***