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State v. Braxton11/8/1996
LAKE, Justice.
The defendant was indicted on 8 March 1993 for two counts of first-degree murder, three counts of robbery with a dangerous weapon and one count of first-degree kidnapping. The defendant was tried capitally, and the jury found him guilty of the first-degree murder of Emmanuel Oguayo on the basis of the felony murder rule. He was also found guilty of the first-degree murder of Donald Ray Bryant on the basis of malice, premeditation, and deliberation and under the felony murder rule. In addition, defendant was convicted of three counts of robbery with a firearm and one count of first-degree kidnapping. Following a capital sentencing proceeding pursuant to N.C.G.S. § 15A-2000, the jury recommended a sentence of life imprisonment for the murder of Emmanuel Oguayo but was unable to reach a unanimous recommendation for sentencing in the murder of Donald Bryant. Defendant received the mandatory life sentence for each murder, these to run consecutively, and consecutive sentences of forty, forty and thirty years on two counts of armed robbery and second-degree kidnapping. The trial court arrested judgment on one count of armed robbery and as to first-degree kidnapping. For the reasons discussed herein, we conclude that defendant received a fair trial, free from prejudicial error.
The State's evidence tended to show that on 12 February 1993, defendant Michael Jerome Braxton and two other men, Kjellyn Leary and Robin Moore, drove around Raleigh while they talked about finding people to rob. They went to a party near Saint Augustine's College for this purpose. Moore had a shotgun in an orange duffel bag. One of the victims, Donald Bryant, walked up to defendant and asked if he had any crack cocaine. Defendant told Bryant he did not have any. As Bryant walked back to his car, Moore pulled the shotgun on Bryant and made him get into the backseat. Defendant and Leary also got into Bryant's car. Defendant went through Bryant's pockets and took twenty dollars and two marijuana cigarettes. Defendant, Leary and Moore later decided to put Bryant in the trunk of the car.
After smoking the marijuana cigarettes and drinking two twelve-packs of beer they bought with the money taken from Bryant, Moore drove to a Fast Fare in North Raleigh and parked behind the building. Leary and defendant went inside the store while Moore waited in the car. Defendant carried the shotgun. Defendant walked up to Lindanette Walker, a customer in the store, and told her to get on the floor. He took her coat, watch and pocketbook. Meanwhile, the store clerk, Emmanuel Oguayo, began to fight with Leary. Defendant ran behind the counter, aimed the shotgun at Oguayo and pulled the trigger. The shotgun failed to fire. Defendant then reloaded and fired, this time hitting Oguayo in the abdomen. Defendant and Leary ran back to the car, got in and shouted at Moore to "go." Moore drove away. As they were driving down the road, Leary said to defendant, "I didn't believe you would shoot him." An audit of the cash register revealed that ninety-eight dollars was missing. Oguayo died from the wound.
Later that night, defendant and Leary drove to some woods in North Raleigh. Defendant got Bryant out of the trunk and shot him in the head. Bryant died instantly.
On either Valentine's Day or the day after, defendant gave his girlfriend, Letita Bridges, a leather coat and a watch. Sometime after giving Bridges the coat and watch, defendant told Bridges that he shot "some guy" at the Fast Fare. He said he did not know why. Thereafter, Bridges gave the police the coat and the watch. They were identified as being objects stolen from Lindanette Walker.
On 17 February 1993, Detective Gabriel Sa
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