State v. Jamison, 234 N.C. App. 231

On Aug. 25, 2012 Garry Jamison went to Amber Price’s friend’s house late at night, forced entry through the front door while the screen door was closed, and violently beat Price.
Price suffered facial fractures, a broken hand, a cracked knee, severe swelling to an eye, loose dental work, and prolonged pain; medical testimony characterized the injuries as serious.
Jamison was arrested Sept. 6, 2012 and tried in April 2013 on first-degree burglary (nighttime breaking and entering of an occupied dwelling), assault inflicting serious bodily injury (felony), and assault on a female (Class A1 misdemeanor).
The jury convicted Jamison on all three counts; the trial court imposed an active sentence for burglary and a consecutive suspended sentence/probation for the assaults.
On appeal Jamison challenged (1) sufficiency of evidence for “serious bodily injury,” (2) sufficiency of evidence of a “breaking” for burglary, and (3) whether he could be punished for both assault inflicting serious bodily injury and assault on a female based on the same conduct.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Jamison)	Held
Sufficiency of evidence that victim suffered a “serious bodily injury” for assault inflicting serious bodily injury	Testimony, photos, and physician testimony showed fractures, prolonged pain, impaired eye and hand function—satisfies statutory definition given to jury	Injuries were not severe enough to meet the statutory threshold for "serious bodily injury"	Held for State: evidence was substantial to support the felony assault conviction
Sufficiency of evidence of a “breaking” for first-degree burglary	Witness testimony that screen door was closed and Jamison forced the front door while Price tried to close it established a breaking	Either no breaking occurred or force used was insufficient to constitute a legal breaking	Held for State: testimony satisfied precedent that any force to effect entry constitutes a breaking
Double punishment: convicting/sentencing for both assault inflicting serious bodily injury and assault on a female	Assault-on-female statute contains prefatory clause barring punishment when conduct is covered by a provision providing greater punishment; thus the misdemeanor should not be punished where a greater assault crime applies	Trial court properly entered judgments for both assaults	Held for Defendant on this point: judgment for assault on a female arrested and remanded; trial court erred in punishing both offenses arising from same conduct

State v. Fritsch, 351 N.C. 373 (standard for motion to dismiss: substantial evidence of each element)
State v. Wilson, 289 N.C. 531 (any force to effect entry constitutes a breaking for burglary)
State v. Williams, 150 N.C. App. 497 (definition and scope of "serious bodily injury")
State v. Davis, 364 N.C. 297 (statutory interpretation: apply plain meaning of unambiguous statutes)
State v. Braxton, 352 N.C. 158 (preservation of appellate review where trial court acts contrary to statutory mandate)