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State v. Golphin8/25/2000
distinct evaluation as to each defendant and as to each victim." (Emphasis added.) On more than one occasion, the trial court instructed the jury to consider each defendant separately. We presume juries follow the instructions of the trial court. See Trull, 349 N.C. at 455, 509 S.E.2d at 196. As such, the transcript reveals Tilmon received individualized consideration during the sentencing proceeding. It is also apparent from the "Issues and Recommendation as to Punishment" forms that Kevin and Tilmon were given separate consideration by the jury. The jury found as a mitigating circumstance that Kevin lacked parental involvement. In contrast, in Tilmon's case, the jury did not find any of the mitigating circumstances related to parental involvement. Therefore, Kevin and Tilmon were given individualized sentencing consideration. See Oliver, 309 N.C. at 366, 307 S.E.2d at 330. Tilmon has not shown that the trial court abused its discretion. Therefore, Tilmon's assignment of error is overruled.
By assignment of error, Tilmon contends the trial court committed reversible error by denying his motion to suppress two letters seized by prison officials allegedly in violation of his constitutional rights to freedom of speech and freedom from unreasonable searches and seizures. Tilmon's pretrial motion to suppress the content of the letters was denied by the trial court after conducting a hearing. The State did not use the letters during the guilt/innocence phase of the trial, but introduced them during the sentencing proceeding. When the State introduced the letters and read them to the jury, Tilmon failed to object. To preserve an issue for appeal, the defendant must make an objection at the point during the trial when the State attempts to introduce the evidence. See Hayes, 350 N.C. at 80, 511 S.E.2d at 303. A defendant cannot rely on his pretrial motion to suppress to preserve an issue for appeal. See id. His objection must be renewed at trial. See id. Tilmon's failure to object at trial waived his right to have this issue reviewed on appeal. This assignment of error is overruled.
By two assignments of error, Kevin contends the trial court erred by admitting into evidence during the sentencing proceeding a note he wrote. This note contained Rastafarian language, and Kevin argues the note was seized in violation of his federal and state constitutional rights, has no relevance to the issues presented in his case, and was unfairly prejudicial. We disagree.
During the jury selection phase of the trial, Kevin drafted a note while sitting in the courtroom. Correctional Sergeant Scott Brown, who led the security detail during transport of defendants, instructed Kevin not to bring anything into or take anything out of the courtroom. Another officer informed Sgt. Brown that Kevin was leaving the courtroom with a piece of paper in his hand. Sgt. Brown took no immediate action, but waited to see if Kevin would pass the note to his attorneys on the way out of the courtroom. He did not. Thereafter, when Kevin was in the prisoner holding area, Sgt. Brown confiscated the note. Sgt. Brown testified that he confiscated the note because of concerns about possible escape plans.
At the outset, we note that Kevin failed to raise an objection regarding his argument that the note was seized in violation of his federal and state constitutional rights. Prior to sentencing, Kevin raised relevancy as the only basis for his objection to the introduction of the letter. "`This Court is not required to pass upon a constitutional issue unless it affirmatively appears that the issue was raised and determined in the trial court.'" Nobles, 350 N.C. at 495, 515 S.E.2d at 893 (quoting Creason, 313 N.C. at 127, 32
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