245 N.C. App. 94
N.C. Ct. App.2016Background
- Defendant William M. Baker was indicted for first-degree rape of a child, attempted first-degree rape of a child, and taking indecent liberties with a child based on incidents between April 2008 and Oct. 2009; trial occurred Aug. 2014.
- Victim (Amanda) testified about two events: a bedroom incident where defendant allegedly removed clothing, touched her genitals, and she felt his penis in her vagina (but in a later interview she said “I don’t think it did”); and a couch incident where defendant, drunk, touched her shoulder/chest and tried to make her lie down.
- A video-recorded interview of the victim at a child advocacy center (admitted at trial) contained statements that were not offered as substantive evidence but for impeachment/corroboration purposes; medical exam showed no genital trauma.
- Jury convicted defendant of attempted first-degree rape of a child and indecent liberties; jury deadlocked on completed rape count; defendant was sentenced to 240–297 months imprisonment based on prior record.
- On appeal defendant challenged denial of his motion to dismiss the attempted rape charge for insufficient evidence; the Court of Appeals vacated the attempted-rape conviction and remanded for resentencing, leaving the indecent-liberties conviction intact.
Issues
| Issue | State's Argument | Baker's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for attempted first-degree rape of a child | Evidence from either the bedroom incident (trial + interview) or the couch incident sufficed to show intent and overt act for attempt | Trial evidence insufficient: the advocacy-center interview was admitted only for impeachment/corroboration (not substantive); trial testimony alone did not show intent to rape | Reversed: insufficient evidence to support attempted-rape conviction; conviction vacated and case remanded for new sentencing |
Key Cases Cited
- State v. Fritsch, 351 N.C. 373 (discusses standard for denying a motion to dismiss)
- State v. Barnes, 334 N.C. 67 (same; cited for test on motion to dismiss)
- State v. Smith, 186 N.C. App. 57 (reviews de novo denial of motion to dismiss)
- State v. Sines, 158 N.C. App. 79 (elements of attempt: intent, overt act beyond preparation, falls short of completion)
- State v. Schultz, 88 N.C. App. 197 (intent to rape can be inferred despite lack of physical intercourse)
- State v. Batchelor, 190 N.C. App. 369 (prior inconsistent statement admitted only for impeachment cannot serve as substantive evidence of guilt)