An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Proced ure.

NO. COA04-1020


Filed: 5 April 2005


         v.                        Forsyth County
                                No. 03 CRS 51472

    Appeal by defendant from judgment entered 11 February 2004 by Judge William Z. Wood, Jr. in Forsyth County Superior Court. Heard in the Court of Appeals 4 April 2005.

    Attorney General Roy Cooper, by Special Deputy Attorney General Kay Linn Miller Hobart, for the State.

    Bruce T. Cunningham, Jr. for defendant-appellant.

    ELMORE, Judge.

    Defendant was found guilty as charged of assault with a deadly weapon inflicting serious injury. He was sentenced to a minimum term of 20 months and a maximum term of 33 months.
    Christopher Brunson testified that on 10 February 2003 at the bus terminal in Winston-Salem, he and defendant engaged in an altercation over Brunson's relationship with defendant's girlfriend. Brunson initiated the fight by striking defendant with his fist. Defendant stepped back and removed a brick or rock from his pocket. Brunson landed a flurry of punches on defendant. Defendant swung a rock or brick at Brunson, lacerating Brunson's forehead. Defendant struck him with the object a couple of more times on the head and then left the scene. Brunson was transportedto Baptist Hospital, where the laceration to his forehead was sutured.
    Wanda Justus testified for the prosecution that she was at the Winston-Salem Transit Authority bus station downtown on 10 February 2003 when she saw two men, whom she identified as Brunson and defendant, engage in an altercation. She saw Brunson “beating on” defendant, who stepped back and hit Brunson “upside his head” with a brick or rock.
    Anastasia Taylor Baldwin, who is defendant's girlfriend, testified for defendant that she saw the two men fight but that defendant did not strike Brunson with a rock or brick. Brunson lacerated his head when he fell against a brick wall.
    Defendant also testified that he did not hit Brunson with a brick or rock and that Brunson cut himself when he fell.
    Defendant's sole contention is that the court erred by allowing Brunson to testify, over objection, that he “received information that [defendant's girlfriend] was being abused.” The assignment of error upon which this contention is based states that the testimony was “irrelevant and prejudicial.” However, in his brief he argues the testimony was hearsay and was improperly admitted in violation of the Confrontation Clause. At trial defendant interposed only a general objection. Because he failed to object to the statement as inadmissible hearsay, the issue of whether the testimony constituted such is not properly before us. State v. Nobles, 350 N.C. 483, 500-01, 515 S.E.2d 885, 896 (1999);
State v. Johnson
, 340 N.C. 32, 47, 455 S.E.2d 644, 651 (1995).     Even if defendant had objected on the ground of hearsay, defendant's contention does not have merit. Hearsay is a declaration by one other than the testifying witness which is offered for the truth of the matter asserted. N.C. Gen. Stat. § 8C-1, Rule 801(c). If the statement is offered for any other purpose, then it is admissible. State v. Coffey, 326 N.C. 268, 282, 389 S.E.2d 48, 56 (1990). Here, the evidence was not offered to show that defendant's girlfriend was abused but to show Brunson's state of mind and to explain his conduct.
    No error.
    Judges BRYANT and GEER concur.
    Report per Rule 30(e).

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