STATE OF NORTH CAROLINA
v. Guilford County
Nos. 04 CRS 96609-10,
JULIAN GABRIEL SMITH, 05 CRS 24018
Attorney General Roy Cooper, by Assistant Attorney General
Gregory P. Roney, for the State.
Walter L. Jones for defendant-appellant.
Julian Gabriel Smith (defendant) appeals from a 16 June 2005
judgment entered consistent with jury verdicts finding him guilty
of robbery with a dangerous weapon, conspiracy to commit robbery
with a dangerous weapon, and attempted discharge of a weapon into
occupied property. For the reasons stated herein, we find
defendant received a trial free from error.
The record shows that the jury returned to the courtroom after retiring to deliberate. The following transpired:
THE COURT: Would the person selected as your foreperson please stand. ... Madam Foreperson, please answer this question yes or no. Has the Jury reached a unanimous verdict as to each charge?
JURY FOREPERSON: Yes, we have.
THE COURT: Have you signed and dated the verdict sheet?
JURY FOREPERSON: Yes, I have.
THE COURT: Please hand the verdict form to the bailiff who will bring it to me.
THE COURT: You may be seated. Thank you.
All right. Defendant will rise.
Madam Clerk, you may take the verdict of the jury.
THE CLERK: Members of the jury, you have agreed upon your verdict. You say you find the defendant, Julian Gabriel Smith, in case No. 04 CrS 96609, not guilty of robbery with a dangerous weapon, in case No. 04 CrS 96610 ___
JUROR #12: That is wrong.
JURY FOREPERSON: We put guilty.
THE CLERK: Excuse me?
JURY FOREPERSON: That is wrong.
THE COURT: We'll _ read through them all, and then we'll come back.
THE CLERK: In case No. 04 CrS 96610, you say you find the defendant guilty of attempted discharge weapon into occupied property. In case No. 05 CrS 24018, you say you find the defendant guilty of conspiracy, robbery with dangerous weapon.
Are these your verdicts?
JUROR #12: No.
JUROR #4: The latter two are.
JURY FOREPERSON: May I speak?
THE COURT: All right. What I'll do _ there's some indication you've returned _ can I see those, please?
THE CLERK: Yes, sir.
THE COURT: I'm going to reread these. 04 CrS 96609, there's an indication that you found the defendant _ that's the charge of robbery with a dangerous weapon _ that you found the defendant not guilty. On the charge 04 CrS 96610, there's an indication that you found the defendant guilty of attempted discharge of [a] weapon into occupied property. And on 05 CrS 24018, there's an indication that you found the defendant guilty of conspiracy to commit robbery with a dangerous weapon.
THE COURT: Is that not you-all's verdict? Raise your hand, if those three verdicts taken as a whole are not your verdict.
(All 12 jurors raised their hands)
THE COURT: All right. I'll ask you-all to return to the jury room.
After the jury left the courtroom, the court proposed to the parties that it would give the jurors three clean new verdict sheets and ask them to resume their deliberations. Defendant moved for a mistrial. The court denied the motion and supplied new verdict sheets to the members of the jury. The jury ultimately returned verdicts of guilty on all three charges against defendant.
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