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North Carolina v. Handy6/25/1992
ndant's propensity or preDisposition to commit" the crimes charged and was thus inadmissible under Rules 404 and 403 of the North Carolina Rules of Evidence.
The State argues, and we agree, that the admission of this testimony was not error. "Under Rule 404(b), evidence of other crimes, wrongs, or acts is inadmissible if its sole relevancy is to show the defendant's character or his propensity to commit an offense with which he is charged." State v. White, N.C. , S.E.2d , slip op. at 8 (No. 468A90, filed contemporaneously herewith, 25 June 1992).
Recent cases decided by this Court under Rule 404(b) state a clear general rule of inclusion of relevant evidence of other crimes, wrongs or acts by a defendant, subject to but one exception requiring its exclusion if its only probative value is to show that the defendant has the propensity or Disposition to commit an offense of the nature of the crime charged.
State v. Coffey, 326 N.C. 268, 278-79, 389 S.E.2d 48, 54 (1990). In State v. Agee, 326 N.C. 542, 391 S.E.2d 171 (1990), we stated:
"Evidence, not part of the crime charged but pertaining to the chain of events explaining the context, motive and set-up of the crime, is properly admitted if linked in time and circumstances with the charged crime, or [if it] forms an integral and natural part of an account of the crime, or is necessary to complete the story of the crime for the jury."
{PA}
Page 532} Id. at 548, 391 S.E.2d at 174 (quoting United States v. Williford, 764 F.2d 1493, 1499 (11th Cir. 1985)).
The testimony at issue here tended to support the State's explanation of the circumstances surrounding Morgan's death. Throughout the trial, defense counsel suggested that a homosexual advance by Morgan sent defendant into a rage resulting in the killing of Morgan. Defendant's attitude toward homosexuals was extremely relevant to the issues at defendant's trial. Evidence, including testimony establishing that defendant had threatened Felty with a knife, stating "I'll cut you up. . . . This is what I do to faggots that mess with me, "tended to show that defendant had an extreme dislike for homosexual men. Other evidence was presented from which the jury could have concluded that defendant was at the party when he discovered that Morgan was homosexual but nevertheless left the party with Morgan at one point in the evening and later went to Morgan's hotel room. Defendant's alleged statement that he had a "faggot waiting on him . . . and . . . he could probably get him to buy [defendant] some pot or cocaine" tends to buttress the State's theory that despite his dislike for homosexuals, defendant sought to take advantage of homosexuals. From this testimony and the other evidence presented at defendant's trial, the jury could reasonably have inferred that defendant, knowing that Morgan was homosexual, nevertheless went to Morgan's hotel room for the purpose and with the intention of robbing Morgan. Thus, we conclude that Rule 404 did not require that this testimony be excluded.
We further reject defendant's argument that this testimony should have been excluded under Rule 403 because its probative value was substantially outweighed by the danger of unfair prejudice. Whether to exclude relevant but prejudicial evidence under Rule 403 is a matter left to the sound discretion of the trial court. State v. Baldwin, 330 N.C. 446, 456, 412 S.E.2d 31, 37 (1992). Such a decision "'may be reversed for abuse of discretion only upon a showing that [t
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