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State v. Cruz10/18/2005
Billy Joe Cruz (defendant) was indicted for involuntary manslaughter, driving while impaired, driving while license revoked, and aiding and abetting a person under twenty-one to possess alcohol. Following the State's evidence, the trial court dismissed the charge of involuntary manslaughter and the jury found defendant guilty of driving while impaired and driving while license revoked. Defendant appeals his convictions for these offenses on the basis that the trial court erred in denying his motion to dismiss.
Defendant's charges arose from the investigation of his nephew's death that occurred on 31 December 2002. Lee Cruz, defendant's underage nephew, had been drinking beer most of the dayat defendant's house with other family members. During the early evening hours Lee got a phone call from his girlfriend that prompted him to leave defendant's house. Lee drove away from defendant's house and ended up having a fatal car accident not far from his own home. During the investigation of the accident scene, defendant arrived with another person, and police officers noticed defendant creating a disturbance near where other onlookers had gathered. Several of these officers testified at trial that defendant was belligerent and smelled of alcohol.
Defendant was interviewed on 2 January 2003 by an investigator with the Pitt County ABC Board of Inquiry, Calvin Craft (Investigator Craft). On 14 January 2003 defendant was also interviewed by North Carolina Highway Patrol officer David Newbie (Officer Newbie), a collision reconstructionist. Based upon seven interviews with defendant between the incident and 26 March 2003, Investigator Craft and Officer Newbie testified to written and oral statements that defendant made. These confessions, are what the State relies on in proving that defendant drove a car, both while impaired and while his license was revoked.
Defendant accurately points out that to survive a motion to dismiss, the State must provide some evidence in addition to defendant's statements or confession. See State v. Trexler, 316N.C. 528, 531, 342 S.E.2d 878, 880 (1986). This is known as the corpus delicti rule, and in North Carolina there are two methods of proving the additional evidence requirement. Id. at 532, 342 S.E.2d at 880 (discussing both methods of proof). In State v. Parker, our Supreme Court "expanded" the corpus delicti rule in North Carolina after extensive evaluation of the rule's multiple variations. 315 N.C. 222, 337 S.E.2d 487 (1985). The more traditional application of the rule is "that there be corroborative evidence, independent of the defendant's confession, which tends to prove the commission of the crime charged." Id. at 229, 337 S.E.2d at 491. Another, more modern method has been called the "'trustworthiness' version of corroboration and is generally followed by the federal courts and an increasing number of states.'" Id. at 230, 337 S.E.2d at 492. This method was adopted by our Supreme Court in Parker. Id. at 236, 337 S.E.2d at 495. Parker and Trexler offer an understanding of each method of corroboration.
In Trexler, the Court explained that the traditional approach to the corpus delicti rule was still applicable in "cases in which there is some evidence aliunde the confession which, when considered with the confession, will tend to support a finding that the crime charged occurred." Trexler, 316 N.C. at 532, 342 S.E.2d at 880.
The rule does not require that the evidence aliunde the confession prove any element of the crime. The corpus delicti rule only requires evidence aliunde the confession which, when considered with the confession, supports the confession and permits areasonable inference that the crime occurred. .
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