State v. Brown

• Decision Date: 29 December 2022
• Docket Number: COA22-492
• Citation: 2022 NCCOA 931
• Parties: STATE OF NORTH CAROLINA, Plaintiff, v. DWIGHT JEROME BROWN, Defendant.
• Court: North Carolina Court of Appeals

2022-NCCOA-931

STATE OF NORTH CAROLINA, Plaintiff,
v.
DWIGHT JEROME BROWN, Defendant.

No. COA22-492

Court of Appeals of North Carolina

December 29, 2022

An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.

Heard in the Court of Appeals 15 November 2022.

Appeal by Defendant from judgment entered 16 September 2021 by Judge Edwin G. Wilson, Jr. in Rockingham County Superior Court Nos. 20 CRS 51143, 20 CRS 539

Attorney General Joshua H. Stein, by Special Deputy Attorney General Teresa L. Townsend, for the State.

Jarvis John Edgerton, IV, for Defendant-Appellant.

CARPENTER, Judge.

¶ 1 Defendant appeals from judgment after a jury convicted him of possession of a firearm by a felon, in violation of N.C. Gen. Stat. § 14-425.1. Following his conviction, Defendant entered a plea of guilty to attaining habitual felon status, in violation of N.C. Gen. Stat. § 14-7.1. On appeal, Defendant argues his Fourteenth Amendment due process rights were violated due to witness intimidation by law enforcement and

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witness tampering by the prosecution. After careful review, we dismiss the appeal.

I. Factual and Procedural Background

¶ 2 This incident arose out of a domestic dispute on 7 May 2020 in Rockingham County. Dwight J. Brown ("Defendant") began dating Brooke Hudson ("Hudson") in February 2020. Hudson paid the rent for a trailer at 214 Talley Road where her son, Wesley Chilton ("Chilton"), resided with Joshua Hill ("Hill"), Hill's girlfriend, and their daughter. Hudson resided elsewhere with her mother.

¶ 3 The evidence at trial tends to show the following: when Hudson arrived at the trailer to drop off a rent payment on 7 May 2020, she received an angry phone call from Defendant, stating he was coming and to stay put. Immediately before and when Defendant arrived, several individuals were at the trailer, including Hudson, Chilton, Hill, Hill's daughter and girlfriend, and Chilton's friend, Brian Worley ("Worley"). After receiving the angry call, Hudson was fearful and asked Worley whether he had his gun on him because she did not know what to expect.

¶ 4 Defendant arrived and engaged in various aggressive behaviors, including demanding to see Hudson's phone, blocking her car with his car, putting his hands on Hudson, and ultimately shoving Worley and brandishing a black handgun at the group when Worley attempted to intervene. Shortly thereafter, as darkness approached, Defendant returned to his vehicle and drove away with Hudson.

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¶ 5 Worley testified he called the police to report the abduction. While Worley spoke with the police, Chilton testified he called his mother to check on her safety, overhearing Defendant threaten her in the background. After a right turn, Hudson opened the passenger door and fled, attempting to escape, but Defendant chased her down on foot. To prevent her from escaping again, Defendant grabbed Hudson's hair, "pull[ing] a lot of [her] hair out[,]" and reclined her passenger seat all the way so she could not get her bearings. When police lights appeared in the rearview, Defendant placed the gun in the glovebox and instructed Hudson to hide his drugs in her shoe.

¶ 6 Police recovered beer from the passenger compartment and a Taurus semi automatic pistol, including eleven bullets, from the glovebox. Hudson was observed by officers as fearful and "visibly upset" during the stop. Based upon Detective Smaldone's experience interviewing victims of domestic violence, he did not believe Hudson when she initially claimed responsibility for the gun and alcohol, since it appeared to be a domestic violence situation, and Defendant was the only one with the odor of alcohol on his breath. Hudson testified she initially claimed responsibility for the contraband because Defendant was likely to be out the next day, and she was afraid of what he might do.

¶ 7 After officers took Defendant into custody and advised Hudson that she and her son were at risk of being charged with crimes-such as obstruction, possession of a concealed firearm, and filing a false report-if they lied to law enforcement, Hudson

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recanted and admitted the gun was Defendant's. Hudson's testimony at trial was consistent with her statements made on the evening of the 7 May 2020 incident at an interview conducted by Detective Smaldone, and three months after the incident at an interview on an unrelated matter conducted by Detective Wright. Detective Wright supplemented Detective Smaldone's initial report after the second interview. Hudson also testified that the prosecution showed her videos of Defendant saying "derogatory" things about her to other women.

¶ 8 On 8 September 2020, the Rockingham County Grand Jury issued a Bill of Indictment for Defendant for possession of a firearm by a felon on 7 May 2020. On 2 November 2020, the Rockingham County Grand Jury issued a Bill of Indictment for Defendant having attained the status of habitual felon, for having been convicted of felonious possession of cocaine on 24 May 2000, felonious possession with the intent to sell or distribute cocaine on 1 May 2002, and felonious selling/delivering of cocaine on 30 January 2012.

¶ 9 This trial began on 13 September 2021 before the Honorable Edwin G. Wilson, Jr., Judge Presiding. After the jury reached a verdict of guilty on 16 September 2021 for possession of a firearm by a felon, Defendant made a motion to set aside the jury's verdict and asked the trial court to enter a verdict of not guilty, which was denied. Defendant then moved for a mistrial without specifying a basis, which the trial court also denied. Defendant entered oral Notice of Appeal. Thereafter, Defendant pled

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guilty to the habitual felon charge. The trial court sentenced Defendant as a Class C felon, representing the habitual felon enhancement, and found Defendant to be a record Level VI for structured sentencing purposes. The Defendant received a sentence in the presumptive range of 146 months minimum and a corresponding maximum sentence of 188 months in the North Carolina Department of Adult Corrections.

II. Jurisdiction

¶ 10 This Court has jurisdiction over an appeal from...