227 N.C. App. 354
N.C. Ct. App.2013Background
- Defendant stopped for a traffic violation; marijuana found in his car and heroin in the trunk after a search; indictment for trafficking in heroin by possession and by transportation.
- Audio recording of defendant’s interview with detectives was admitted and played; defendant presented no defense.
- Jury convicted on both trafficking-by-possession and trafficking-by-transportation; court sentenced 225 to 279 months concurrent.
- Defendant appealed asserting trial court failed to instruct on guilty knowledge and failed to intervene in State’s closing; court resolved issue I first.
- Court held failure to give the guilty-knowledge instruction amounted to plain error; convictions reversed and remanded for a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by failing to instruct on guilty knowledge | State argues no preserved error; argues no plain-error analysis. | Defendant contends pattern instructions footnote 4 required the guilty-knowledge instruction. | Yes; instructional error requires reversal and remand for new trial. |
Key Cases Cited
- State v. Harris, 306 N.C. 724 (N.C. 1982) (judge must give full instructions on essential features of the case)
- State v. Reid, N.C. App. (2012) (court must apply law fairly to evidence; charge sufficient when properly instructed on law and facts)
- State v. Lopez, 176 N.C. App. 538 (N.C. App. 2006) (new trial when defendant’s lack of knowledge is determinative and instruction requested)