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State v. Blackwell9/7/2004
for proving a defendant'sknowledge of license suspension or revocation is by showing the required notice under N.C. Gen. Stat. § 20-48 was given, under the unique facts of this case, we conclude Defendant's guilty plea to driving while license permanently revoked in 1996 evidences Defendant's knowledge that his license was revoked at the time of the present offense. Accordingly, we conclude sufficient evidence supports the driving while license revoked charge. It is therefore unnecessary to address Defendant's arguments related to the jury instruction related to this charge as he only challenges the inclusion of the prior driving while license revoked convictions in the instruction.
Defendant next contends the trial court erroneously allowed the prosecutor to make grossly improper statements during closing argument in violation of his state and federal constitutional rights. He also contends the State asked a witness a grossly improper and groundless question. As Defendant did not object to these alleged errors, he asserts the prosecutor's conduct constituted plain error warranting a new trial. However, "our Supreme Court has specified that plain error review is limited only to jury instructions and evidentiary rulings." State v. Cummings, 346 N.C. 291, 313-14, 488 S.E.2d 550, 563 (1997), cert. denied, 522 U.S. 1092, 139 L.Ed. 2d 873, 118 S.Ct. 886 (1998). Thus, we will review the witness questioning only for plain error.
Defendant challenges the following testimony:
Q: At this point, did you know whether she even had a head?
A: No, I did not although I was not told thatthis was a decapitated patient so I presumed that she did.
Q: But based on this film you're not able to say that?
A: No, we would not be able to say that. That's correct.
"In our review of the record for plain error, a defendant is entitled to a new trial only if the error was so fundamental that, absent the error, the jury probably would have reached a different result." State v. Walters, 357 N.C. 68, 85, 588 S.E.2d 344, 354 (2003).
Even assuming the prosecutor's questions constituted plain error, the error was not so fundamental that absent the error the jury probably would have reached a different result. Indeed, the record reveals other evidence establishing Megan Dail's death and Defendant's reckless driving, blood-alcohol concentration, and prior DWI convictions. From this evidence, the jury could conclude that Defendant committed second-degree murder beyond a reasonable doubt.
Defendant next contends a juror was improperly excused for cause, and therefore, a new trial is warranted. Under N.C. Gen. Stat. § 15A-1212, "a challenge for cause to an individual juror may be made by any party on the ground that the juror . . . is incapable by reason or mental or physical infirmity of rendering jury service." "Challenges for cause in jury selection are matters in the discretion of the court and are not reviewable on appeal except for abuse of discretion." State v. Kennedy, 320 N.C. 20, 28, 357 S.E.2d 359, 364 (1987). In this case, the juror described herself as "slow." She explained that "Well, you can explain something to me. And if you don't go into lengthy detail, I'm slow to catch up with what you're speaking about." She indicated that if someone gives her detailed instructions, she might have a problem. However, if the person explained words, terms and concepts she did not understand, she felt she would not have a problem serving as a juror. She also testified that she took time off from high school in 1967 after having her first son. She later continued her education and graduated in 1989. Based upon the potential juror's voir dire responses, we conclude
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