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State v. Kandies2/9/1996
79 (1983), overruled on other grounds by State v. Parker, 315 N.C. 222, 337 S.E.2d 487 (1985); State v. Powell, 299 N.C. 95, 261 S.E.2d 114 (1980)--the sole basis for the conviction was felony murder. Here, defendant was convicted of murder by premeditation and deliberation and under the felony murder rule. We have stated that "the finding of premeditation and deliberation indicates a more cold-blooded and calculated crime." Artis, 325 N.C. at 341, 384 S.E.2d at 506.
In another-- State v. Prevette, 317 N.C. 148, 345 S.E.2d 159 (1986)--the jury rejected the submitted aggravating circumstance that the murder was especially heinous, atrocious, or cruel; the jury here found that circumstance upon ample evidence. We have upheld the death penalty as proportionate in many cases in which the especially heinous, atrocious, or cruel aggravating circumstance has been found to exist. Artis, 325 N.C. at 341, 384 S.E.2d at 506.
In the remaining two cases-- State v. Temple, 302 N.C. 1, 273 S.E.2d 273 (1981); State v. Clark, 301 N.C. 176, 270 S.E.2d 425 (1980)--there was no evidence of sexual intercourse, and there was no apparent relationship between the defendants and their victims. Here, by contrast, there is substantial evidence of rape and sexual assault, and the victim was a four-year-old girl who knew and trusted defendant. As we have stated before, the murder of a young child particularly shocks the conscience. Artis, 325 N.C. at 344, 384 S.E.2d at 508.
For the foregoing reasons, we conclude that each of these cases in which the jury recommended life imprisonment is distinguishable from the present case. Further, defendant's case is more comparable to those cases in which the death sentence was affirmed. E.g., McCollum, 334 N.C. 208, 433 S.E.2d 144 (first-degree felony murder conviction and death sentence upheld where defendant and three other males "gang" raped and asphyxiated eleven-year-old girl); Zuniga, 320 N.C. 233, 357 S.E.2d 898 (death sentence upheld where defendant stabbed and killed a seven-year-old girl during the commission of first-degree rape).
The evidence here indicates that defendant snatched four-year-old Natalie Osborne from her front yard and took her to his house in Randleman, where he raped her, strangled her, and brutally beat her to death. After comparing this case to other "similar cases" used for proportionality review, we conclude that it falls within the category of first-degree murders for which we have previously upheld the death penalty as proportionate. Thus, based upon the characteristics of this defendant and the crime he committed, we are convinced the sentence of death was neither excessive nor disproportionate.
Having considered and rejected all of defendant's assigned errors, we hold that defendant received a fair trial and sentencing proceeding, free of prejudicial error.
NO ERROR.
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