233 N.C. App. 186
N.C. Ct. App.2014Background
- On July 16, 2010, Defendant Romy Geisslercrain was involved in a single-vehicle crash after her Ford Ranger left the roadway, rolled multiple times, and sustained substantial damage. Trooper Carver found skid/yaw marks and concluded the vehicle had lost control.
- At the hospital Defendant admitted drinking alcohol and taking medications (Methadone, Clonazepam, Adderall); the trooper believed she was appreciably impaired.
- Defendant was indicted, convicted by a jury in Superior Court of impaired driving (DWI) and reckless driving to endanger, and appealed from District Court convictions.
- At sentencing the trial judge (not the jury) found one aggravating factor (property damage ≥ $1,000) and one mitigating factor (safe driving record), concluded they were substantially counterbalanced, and imposed a Level Four punishment for the DWI (then suspended to probation).
- Defendant challenged (1) denial of motion to dismiss reckless driving, (2) the judge’s finding of an aggravating factor without jury submission, (3) lack of statutory notice of aggravating factors, and (4) that the imposed sentence exceeded the Level Four range. The Court of Appeals affirmed the denial of the motion to dismiss, but vacated and remanded the DWI sentence.
Issues
| Issue | State's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supported reckless driving (denial of motion to dismiss) | Evidence of intoxication, all four tires off road, yaw marks, two rollovers, long travel distances supported reckless driving | Defendant argued evidence showed only failure to keep lookout (insufficient for reckless driving) | Denial affirmed — substantial evidence supported reckless driving conviction |
| Whether judge erred by finding aggravating factor (Blakely/Apprendi) | State contended Level Four is analogous to presumptive range and no Sixth Amendment violation | Defendant argued judge’s finding increased penalty beyond prescribed maximum and should have been submitted to jury | Error found — judge’s finding implicated Blakely; Level Four vacated because without judge-found aggravator defendant should have received Level Five |
| Whether State gave required notice of aggravating factors under G.S. § 20-179(a1)(1) | State conceded lack of notice but argued error harmless because sentence was “presumptive” Level Four | Defendant argued lack of notice violated statute and prejudiced sentencing | Error found — failure to provide statutorily required notice required vacatur and remand for resentencing to Level Five |
| Whether the written sentence exceeded Level Four range | State argued sentence equivalent to presumptive sentencing; defendant argued written judgment imposed unlawful term | Moot after vacatur and remand for Level Five resentencing | Not addressed on merits as remand for resentencing moots the claim |
Key Cases Cited
- Blakely v. Washington, 542 U.S. 296 (2004) (facts increasing penalty beyond prescribed maximum must be submitted to jury)
- Apprendi v. New Jersey, 530 U.S. 466 (2000) (other than prior convictions, any fact that increases penalty beyond statutory maximum must be proved to a jury beyond a reasonable doubt)
- State v. Norris, 360 N.C. 507 (2006) (for structured sentencing, judge-found aggravators do not offend Sixth Amendment if sentence remains within presumptive range)
- State v. Green, 209 N.C. App. 669 (2011) (distinguishable; held Level Four akin to presumptive range where at least one valid aggravator remained)
- State v. Reeves, 721 S.E.2d 317 (N.C. 2012) (vacatur and remand required where State failed to give required notice of aggravating factor)
- State v. Fritsch, 351 N.C. 373 (2000) (standard for ruling on motions to dismiss; substantial evidence test)
- State v. Dupree, 264 N.C. 463 (1965) (requisite elements of reckless driving under G.S. § 20-140(b))