State v. Blackwell9/7/2004
tah App., 1993), cert. denied, 859 P.2d 585 (1993) (holding "the defendant's prior convictions and their surrounding circumstances are probative of the knowledge, intent, plan and scheme" under Rule 404(b)); State v. Suttle, 812 P.2d 119, 123 (Wash. App., 1991) (holding that defendant's prior convictions were "relevant to show motive and identity"); State v. Kinney, 750 P.2d 436, 438-39 (Mont., 1988) (allowing defendant's prior DWI convictions to show knowledge under Rule 404(b)); United States v. Smith Grading and Paving, Inc., 760 F.2d 527, 531 (4th Cir. 1985), cert. denied, 474 U.S. 1005, 88 L.Ed. 2d 457 (1985) (allowing evidence of defendant's prior bid rigging convictions into evidence to show knowledge under Rule 404(b)); State v. Whitney, 484 A.2d 1158, 1160 (N.H., 1984) (allowing defendant's prior convictions into evidence to show motive); United States v. Naylor, 705 F.2d 110, 111-12 (4th Cir. 1983) (allowing defendant's prior convictions to showknowledge under Rule 404(b)).
Interpreting Wilkerson to show error in the admission of defendant's prior convictions, and to prohibit this evidence of "other crimes, wrongs, or acts" from being introduced under Rule 404(b) would drastically change the settled law of this State. Goodman, 149 N.C. App. at 69-70, 560 S.E.2d at 204-05; Wilkerson, 356 N.C. 418, 517 S.E.2d 583, (per curiam) (adopting dissent of Wynn, J., 148 N.C. App. 310, 327-28, 559 S.E.2d 5, 16 (2002)); Fuller, 138 N.C. App. at 485-86, 531 S.E.2d at 865; Miller, 142 N.C. App. at 439-40, 543 S.E.2d at 204-05; McAllister, 138 N.C. App. at 257-59, 530 S.E.2d at 863-64; Gray, 137 N.C. App. at 349, 528 S.E.2d at 49; Rich, 132 N.C. App. at 450, 512 S.E.2d at 448; Grice, 131 N.C. App. at 53, 505 S.E.2d at 169-70; McBride, 109 N.C. App. at 69, 425 S.E.2d at 734; see also N.C. Gen. Stat. § 8C-1, Rule 404(b).
Evidence of defendant's prior "crimes, wrongs, or acts" far exceeded the "bare fact" of the judgment of his convictions and supports the element of malice for second-degree murder.
III. Conclusion
The trial court did not err in admitting defendant's prior DWI and other convictions of "crimes, wrongs, or acts" under Rule 404(b). These convictions supported the element of malice and were properly limited to that purpose by the trial court's instructions to the jury. The majority opinion's holding of no prejudicial error presumes error in the admission of defendant's prior convictions, and is contrary to the settled law of this State andnumerous other jurisdictions that have addressed this issue. I conclude that no error occurred at defendant's trial and concur to uphold defendant's judgment and sentence.
Page 1 2 3 4 5 6 7 8 9 10 11 North Carolina DUI Attorneys
DUI Lawyers
|