State v. McLean, 712 S.E.2d 271

Six-count indictment (July 7, 2008) charged McLean with two counts of assault with a deadly weapon with intent to kill inflicting serious injury, three counts of discharging a firearm into a conveyance in motion, and one count of first degree murder; two discharges were dismissed before trial; trial began January 19, 2010.
Police responded to multiple calls; at McLean's residence they learned of family conflict and heard gunshots; Antron Hines was shot and died from shotgun wounds.
Jaquan Hines testified that a store fight led to Defendant being handed a shotgun and shooting; Jaquan and Shawntana Thompson were shot; pellets remained in Jaquan for months.
Samuel McClary, a bus driver, observed Defendant with a shotgun during a red-light incident; seven or eight pellets struck the bus windshield area.
January 22, 2010, the jury found McLean guilty of assault with a deadly weapon with intent to kill inflicting serious injury as to Jaquan Hines, guilty of the lesser offense as to Shawntana Thompson, and guilty of discharging a firearm into a moving vehicle; murder charge resulted in mistrial; sentences imposed in ranges for each conviction.
McLean timely appealed challenging sufficiency of evidence and trial court instructions and a sentencing issue regarding probation-related points.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence for serious injury	McLean lacked evidence of serious injury to Jaquan.	No substantial evidence of serious injury; Jaquan testified no pain, and other factors were lacking.	There was substantial evidence of serious injury; jury could determine seriousness from physical injury and related facts.
Instruction on discharging into a moving vehicle	Pattern and substantive instructions properly stated willful/wanton and intentional elements.	Trial court erred by equating willful/wanton with intentional and omitting/altering language.	Instructions followed pattern and law; no error; no due process violation.
Sentencing based on probation status	Correct prior record level; probation status supported sentence.	Possible improper scoring; should be reviewable as right to appeal.	Defendant not entitled to direct appeal on this issue; record supported prior level; petition for certiorari available but issue not properly before.

State v. Reid, 335 N.C. 647 (1994) (defines elements of assault with a deadly weapon with intent to kill inflicting serious injury)
State v. Ramseur, 338 N.C. 502 (1994) (serious injury standard in assault cases; factors like pain, hospitalization, etc.)
State v. Morgan, 164 N.C.App. 298 (2004) (serious injury question is jury-governed; case-by-case evaluation)
State v. Joyner, 295 N.C. 55 (1978) (evidence of bodily injury suffices for jury to decide seriousness)
State v. Alexander, 337 N.C. 182 (1994) (victim injury evidence supports jury determination of serious injury)