State v. Wright, 210 N.C. App. 52

Ernest Wright was tried for six convictions arising from an assault inside a mobile home in Bladen County (Dec. 27–28, 2005); the victim was Ms. Jacobs and the other victim was Mr. Locklear.
The State presented testimony from co-defendant Todd and DNA/blood-testing evidence from the SBI Crime Lab linking Wright to the crime scene.
The jury found Wright guilty of first-degree burglary, two assault offenses, secret assault, attempted murder, and conspiracy; the court imposed consecutive sentences (693–880 months).
The appellate issues included sufficiency of the secret-manner element, handling of out-of-state convictions for prior-record points, SBI blood-test testimony, and admission of bad-character/hearsay evidence.
The court vacated the secret assault conviction for lack of substantial evidence on the secret-manner element and remanded for resentencing due to failure to prove substantial similarity of out-of-state convictions; other issues were not supported by error.
Key factual background about the attack: Wright allegedly attacked after breaking into the trailer at night with a pipe, while Locklear and Jacobs were asleep, and the victim’s testimony described the ambush and ambush-like circumstances.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Secret-manner element sufficiency	State contends evidence supported secret assault.	Wright argues no substantial evidence of ambush/surprise.	Secret-manner element insufficient; vacate secret assault conviction.
Out-of-state convictions substantial similarity	State argues prior convictions should be treated per §15A-1340.14(e) if substantially similar.	Wright argues no substantial similarity shown; trial court failed to determine.	Remand for resentencing; lack of substantial-similarity finding required.
Admission of bad-character/hearsay evidence	State asserts admissible to show defendant’s disposition and corroboration of testimony.	Wright claims undue prejudice and improper inference.	No reversible error; not plain error given the record.
Phenolphthalein test evidence by SBI	State defended lab testing as indicator of blood; testimony consistent with test limitations.	West’s testimony overstated results; misrepresentation of lab findings.	No plain error; testimony and closure arguments not reversible error.
Submission of lesser-included offenses	State argues no error in failing to submit lesser charges.	Wright contends jury should have been instructed on lesser offenses.	Plain error not shown; court properly refused to submit lesser offenses.

State v. Green, 101 N.C.App. 317, 399 S.E.2d 378 (1991) (secret-manner element requires ambush or surprise to sustain)
State v. Joyner, 329 N.C. 211, 404 S.E.2d 653 (1991) (secret assault aims to protect society from ambush)
State v. McDowell, 329 N.C. 363, 407 S.E.2d 214 (1991) (substantial evidence standard for dismissal of charges)
State v. Cromartie, 177 N.C.App. 73, 627 S.E.2d 677 (2000s) (intent to kill may be inferred from evidence of the assault)
State v. Barlowe, 157 N.C.App. 249, 578 S.E.2d 660 (2003) (continuance and testing issues; discretion of trial court)
State v. Moore, 188 N.C.App. 416, 656 S.E.2d 287 (2008) (out-of-state conviction substantial-similarity question generally unresolved by stipulation)
State v. Rich, 130 N.C.App. 113, 502 S.E.2d 49 (1998) (necessity of statute-and-facts comparison for substantial similarity)