242 N.C. App. 162
N.C. Ct. App.2015Background
- Harris was indicted in 2011 for first‑degree sexual offense and indecent liberties with a child; superseding indictment issued in 2014.
- Trial occurred in Guilford County in May 2014; State elected to proceed only on the first‑degree sexual offense charge.
- Victim Sarah, age 3, and James (age 2) were present; a 911 call described a burglary and rape at Harris’s residence.
- Police found no signs of forced entry; DNA from stains on bedding and clothing matched Harris and Sarah.
- Jury convicted Harris of first‑degree sexual offense; three aggravating factors were presented; jury found the pretrial release aggravator.
- Harris was sentenced to an aggravated term of 288 to 355 months; he appealed challenging due process and equal protection claims tied to the pretrial release aggravator.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Due process and pretrial release aggravator | Harris argues Webb is inapplicable under SS Act; no notice of consequences | State properly notified (March 14, 2014) of aggravating factors; Webb supports admissibility | No error; proper notice and Webb support factors use |
| Equal protection applicability of pretrial release aggravator | Webb’s ‘special status’ implies unequal treatment | Statute applies to all defendants; no selective treatment | No error; statute and Webb do not violate equal protection |
Key Cases Cited
- State v. Webb, 309 N.C. 549 (1983) (pretrial release status may be considered as aggravating factor when sentencing)
- State v. Streeter, 146 N.C.App. 594 (2001) (rejected equal protection challenge to aggravating factors)
- State v. Fowler, 197 N.C.App. 1 (2009) (articulates standard for equal protection in sentencing)