An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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 Procedure.
NO. COA06-159
NORTH CAROLINA COURT OF APPEALS
Filed: 3 October 2006
STATE OF NORTH CAROLINA
v. Wake County
No. 05 CRS 11155
JOHN ANTHONY CAMERON
Appeal by defendant from judgment entered 29 November 2005 by
Judge Carl R. Fox in Wake County Superior Court. Heard in the
Court of Appeals 2 October 2006.
Attorney General Roy Cooper, by Assistant Attorney General
Rudy Renfer, for the State.
Irving Joyner, for defendant-appellant.
TYSON, Judge.
John Anthony Cameron (defendant) appeals from judgment
entered after a jury found him to be guilty of trafficking in
cocaine by possession of not less than twenty-eight grams nor more
than 200 grams of cocaine. We dismiss defendant's appeal.
I. Background
The State's evidence tended to show that on 10 February 2005
Raleigh Police
Sergeant Steve Previtali (Sergeant Previtali)
arrested James Farrell (Farrell) for possession of crack cocaine
with intent to sell and deliver. Farrell offered to assist police
in the apprehension of other drug offenders.
The next day, Farrell provided Sergeant Previtali
with
information about a Jamaican-looking guy who drove a green Lexusor a white minivan. Sergeant Previtali
asked Farrell to contact
this person and arrange to purchase cocaine from him. As Sergeant
Previtali eavesdropped on the telephone conversation, Farrell
called a man and asked to purchase nine ounces of cocaine. The
man, who spoke with a Jamaican accent, responded that it would take
some time to put it together. This conversation ended.
Farrell subsequently received a telephone call from a man who
also spoke with a Jamaican accent and whose telephone number was
the same number Farrell had dialed earlier. Farrell arranged to
meet this man at a gasoline station located on Poole Road in
Raleigh to discuss further details in arranging the purchase of the
substance.
Sergeant
Previtali drove to this location and observed Farrell
engage in a conversation with a man who drove a green Lexus.
Farrell reported back to Sergeant
Previtali that the cocaine was to
be delivered at another location in the Worthdale community.
Farrell got into a vehicle driven by his wife and occupied by two
other police officers. They followed the green Lexus until they
lost sight of it. However, Sergeant
Previtali, who had been
distantly following Farrell's vehicle, located a green Lexus
stopped on the side of the road.
Sergeant
Previtali stopped his vehicle one-half block ahead of
the green Lexus,
called Farrell, and directed Farrell to the
location of the green Lexus. Sergeant
Previtali also instructed
Farrell to walk slowly to the green Lexus. As Farrell walked
within fifteen feet of the vehicle, Raleigh Police
Detective Hodgeapproached the vehicle from behind and Sergeant
Previtali
approached it from the front.
Sergeant
Previtali observed defendant sitting in the vehicle
with a package of a substance suspected to be cocaine lying on his
lap in plain view. The officers arrested defendant and seized the
package. Subsequent laboratory analysis disclosed the substance to
be 63.06 grams of cocaine. Defendant did not present any evidence.
A jury found defendant to be guilty of
trafficking in cocaine
by possession of not less than twenty-eight grams nor more than 200
grams of cocaine
. Defendant appeals.
II. Issues
Defendant argues the trial court erred by: (1) allowing the
State's witnesses to testify regarding hearsay statements made by
Farrell
and (2) denying his motion to suppress admission of the
cocaine into evidence
.
Defendant's other assignments of error not brought forward and
argued are deemed abandoned. N.C.R. App. P. 28(a) (2006).
III. Hearsay
Defendant contends the trial court erred by allowing the
State's witnesses to testify regarding hearsay statements made by
Farrell. Defendant argues a number of exceptions in the record on
appeal to instances where such testimony was allegedly erroneously
admitted. None of these exceptions are supported by an objection
in the trial court.
In order to preserve a question for appellate review, a party
must have presented the trial court with a timely request,objection or motion, stating the specific grounds for the ruling
sought if the specific grounds are not apparent. State v. Eason,
328 N.C. 409, 420, 402 S.E.2d 809, 814 (1991). In the absence of
an objection at trial to the admission of evidence, we review under
the plain error standard. State v. Black, 308 N.C. 736, 741, 303
S.E.2d 804, 807 (1983).
For an appellant to obtain review under this standard, he must
specifically and distinctly assign plain error to the admission of
the evidence. State v. Gainey, 355 N.C. 73, 100, 558 S.E.2d 463,
480, cert. denied, 537 U.S. 896, 154 L. Ed. 2d 165 (2002).
Defendant has failed to assign or argue plain error. This
assignment of error is dismissed due to defendant's failure to
properly preserve and present it. State v. Washington, 134 N.C.
App. 479, 485, 518 S.E.2d 14, 17 (1999).
IV. Motion to Suppress
Defendant contends the court erred by denying his motion to
suppress the admission of the cocaine into evidence. Defendant
failed to object to the admission of this evidence at the time it
was offered at trial. The trial court expressly offered defendant
an opportunity to object and defendant responded, No objection.
By failing to object and not assigning or arguing plain error
on appeal, defendant is not entitled to appellate review of the
order denying his motion to suppress.
This assignment of error is
dismissed due to defendant's failure to present it properly.
Washington, 134 N.C. App. at 485, 518 S.E.2d at 17.
V. Conclusion
Defendant's failure to properly preserve and argue alleged
errors subjects his appeal to dismissal. This appeal is dismissed.
Dismissed.
Judges BRYANT and LEVINSON concur.
Report per Rule 30(e).
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