228 N.C. App. 335
N.C. Ct. App.2013Background
- Defendant Carlos Jerome Gordon appeals his conviction for common law robbery and assault on a female.
- Evidence showed Patricia Jackson, 65, was robbed and purse-snatched in a Mooresville Wal‑Mart parking lot on July 18, 2009, with witnesses corroborating the assault and theft.
- Detective Vanderbilt entered suspect description, vehicle, and MO into a shared investigative database; a Statesville incident photo was linked to the Mooresville case.
- One eyewitness positively identified the Statesville suspect’s photo as the Mooresville perpetrator.
- At trial, Harding testified under Rule 404(b) about a June 3, 2009, purse-snatching in Statesville, near the Wal‑Mart area, where he restrained Gordon.
- The trial court merged the assault with the robbery for judgment and sentenced Gordon to 16–20 months; certiorari was sought due to trial counsel’s inadequate notice of appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 404(b) evidence of a prior purse-snatching was admissible | Gordon | Gordon | Admissible; sufficient similarity to show identity/common plan. |
Key Cases Cited
- State v. Beckelheimer, 366 N.C. 127 (2012) (admissibility and purposes of Rule 404(b))
- State v. Bagley, 321 N.C. 201 (1987) (permissible purposes for 404(b))
- State v. Weaver, 318 N.C. 400 (1986) (relevant to 404(b) admissibility; not limited to listed purposes)
- State v. Al-Bayyinah, 356 N.C. 150 (2002) (similarity and proximity required for 404(b))
- State v. Sokolowski, 351 N.C. 137 (1999) (prior acts must be particularly similar to be admissible)
- State v. Green, 321 N.C. 594 (1988) (similarity standards do not require uniqueness)
- State v. Hammonds, N.C. App., 720 S.E.2d 820 (2012) (certiorari when trial counsel's failure affected appellate rights)