State v. CollinsÂ, 245 N.C. App. 478

Background

Defendant Anfernee Collins was tried in superior court for four counts of first-degree rape of a child based on four incidents alleged to have occurred between Jan. 1, 2011 and Nov. 30, 2011; the jury convicted him on all counts.
Indictments in two identical bills alleged the same broad date range for each count; indictments did not state Defendant's birthdate.
Uncontroverted evidence established Defendant was born Sept. 14, 1995 and thus turned 16 on Sept. 14, 2011; several alleged incidents occurred before that date.
The trial court and parties initially miscalculated Defendant’s age, treating him as older; Defendant was arrested Dec. 21, 2012 and tried as an adult.
The appellate court held the superior court lacked subject-matter jurisdiction over three of the four convictions because the State failed to prove Defendant was at least 16 when those offenses occurred; one conviction (the incident "around Thanksgiving 2011") was upheld.
The case was remanded for resentencing on the upheld count and for a new hearing on lifetime satellite-based monitoring under Grady v. North Carolina.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether superior court had subject-matter jurisdiction over counts if Defendant was under 16 when offenses occurred	State: indictments alleging Jan–Nov 2011 encompassed period after Defendant turned 16; evidence supports at least one offense after his 16th birthday so superior court jurisdiction exists for that count	Collins: superior court lacked jurisdiction for counts committed before his 16th birthday because juvenile court has exclusive original jurisdiction and no transfer occurred	Vacated three convictions for lack of jurisdiction; upheld one conviction that occurred after Sept. 14, 2011
Whether the indictments were facially insufficient because they alleged a range including juvenile period	State: temporal looseness in child-sexual-offense indictments is permissible; indictment need not list age	Collins: indictments covering period when he was under 16 are defective because they prevented distinguishing juvenile vs. adult-period offenses	Court: indictments not facially defective as to the one upheld count; range included dates after he turned 16 so indictment adequate for that count
Whether State met its burden to prove jurisdiction beyond a reasonable doubt at trial	State: offered victim testimony placing one offense "around Thanksgiving," within adult-period	Collins: State failed to present substantial evidence defendant was 16 for first three incidents	Held: State conceded and court found insufficient evidence of age for first three incidents; jurisdictional burden unmet, convictions vacated
Whether resentencing and a new hearing on lifetime satellite monitoring required post-Grady	State: monitoring previously imposed	Collins: challenges reasonableness under Grady	Held: remanded for resentencing on the upheld count and for a new hearing on lifetime satellite-based monitoring under Grady

Key Cases Cited

State v. Batdorf, 293 N.C. 486 (State must prove jurisdiction beyond a reasonable doubt)
State v. Dellinger, 343 N.C. 93 (superior court obtains juvenile cases only via statutory transfer)
State v. Wood, 311 N.C. 739 (relaxed temporal specificity for child sexual-offense indictments; vagueness goes to weight)
State v. Pettigrew, 204 N.C. App. 248 (discusses timing/allegation issues when indictment period borders defendant's 16th birthday)
State v. Everett, 328 N.C. 72 (indictment generally must include designated date or period)
State v. Freeman, 314 N.C. 432 (purpose of indictment is to notify defendant to prepare defense and assert double jeopardy)