Background

• Patrice Harney sat on her front porch with relatives around 2 a.m. when defendant, identified as the silver-car driver, drove by and yelled a gang-associated phrase, then returned and began shooting at her home.
• Patrice and others fled inside; bullets pierced windows and entered the children’s room as shots were fired—estimated six to twelve shots.
• Defendant was later apprehended and indicted for one count of attempted murder and six counts of discharging a firearm into occupied property.
• At trial, the court dismissed one firearm charge; after evidence, defendant moved to dismiss all charges claiming insufficient evidence of intent for attempted murder, which the court denied.
• The jury convicted on five counts of discharging into occupied property and the attempted murder charge; the Court of Appeals reversed, and the Supreme Court granted review to address the sufficiency of evidence for premeditation and deliberation.
• The Supreme Court reversed the Court of Appeals, holding there was sufficient evidence of premeditation and deliberation to sustain the attempted murder conviction and remanding for appropriate disposition.

Issues

Key Cases Cited

• State v. Mann, 355 N.C. 294, 560 S.E.2d 776 (2002) (standard for motions to dismiss—evidence viewed in light favorable to State)
• State v. Sierra, 335 N.C. 753, 440 S.E.2d 791 (1994) (premeditation/deliberation may be inferred from circumstantial evidence)
• State v. Hutchins, 303 N.C. 321, 279 S.E.2d 788 (1981) (premeditation/deliberation inferred from circumstances)
• State v. Olson, 330 N.C. 557, 411 S.E.2d 592 (1992) (circumstantial proof of premeditation/deliberation)
• State v. Leazer, 353 N.C. 234, 539 S.E.2d 922 (2000) (premeditation/deliberation factors not exhaustive)
• State v. Taylor, 362 N.C. 514, 669 S.E.2d 239 (2008) (presence of weapon and multiple shots as factors)