State v. Carter

• Decision Date: 21 July 2009
• Docket Number: No. COA08-960.,COA08-960.
• Citation: 679 S.E.2d 457
• Parties: STATE of North Carolina v. Gregory Leon CARTER.
• Court: North Carolina Court of Appeals

679 S.E.2d 457

STATE of North Carolina v. Gregory Leon CARTER.

No. COA08-960.

Court of Appeals of North Carolina.

July 21, 2009.

Appeal by defendant from judgments entered 21 February 2008 by Judge William C. Griffin, Jr. in Beaufort County Superior Court. Heard in the Court of Appeals 28 January 2009.

Attorney General Roy A. Cooper, III, by Assistant Attorney General Chris Z. Sinha, for the State.

William D. Spence, Kinston, for defendant-appellant.

JACKSON, Judge.

On 4 June 2007, Gregory Leon Carter ("defendant") was indicted on three counts of first-degree rape, two counts of indecent liberties with a child, and three counts of statutory rape. All of the charged offenses involved defendant's step-daughter ("K.B.") and are alleged to have occurred on various dates from May 1996 until December 2000.

On 21 February 2008, a jury found defendant guilty on all charges. For the counts of first-degree rape and indecent liberties with a child, defendant was sentenced to 240 to 297 months imprisonment. For the counts of statutory rape, defendant was sentenced to 192 to 240 months imprisonment to run consecutively with the prior sentences. Defendant appeals from his convictions. For the reasons set forth below, we hold no error.

Defendant was born on 30 January 1969. K.B. was born on 28 December 1984. On 14 February 1992, K.B.'s mother, Sandra Carter ("Carter"), married defendant. At the time, K.B. lived with her maternal grandparents. In June or July of 1996, K.B. moved into a trailer on Shirley Farm Road in Beaufort County, North Carolina to live with defendant, Carter, and K.B.'s younger step-brother, Javon.

When K.B. began sixth grade in August 1996, Carter worked evenings, leaving Javon and K.B., then twelve years old, alone with defendant. Starting at that time, defendant established a pattern of sexual activity with K.B. that regularly occurred several times a week from August 1996 until December 2000.

Defendant first would talk to K.B. to gain her trust. He then would lead K.B. to her bedroom, where he would touch her on her breasts and between her legs through her clothing. Defendant would tell K.B. that he was preparing her for outside life. Then defendant would remove K.B.'s clothes, and touch her exposed breasts and between her exposed legs. He then would direct K.B. to cover her head. After K.B. covered her head, Defendant would put his penis inside her vagina and have intercourse with her. Initially, defendant pulled his penis out of K.B.'s vagina and ejaculated onto her stomach.

In December 1996, the family moved away from the Shirley Farm Road location and into a trailer on Free Union Church Road in Beaufort County. By the time the family moved, defendant had put his penis inside of K.B.'s vagina seven or eight times. K.B. knew that sexual activity with defendant was wrong, but she also knew defendant was the authority figure in the household. Defendant would punish K.B. with beatings by belt or switch if she disobeyed. Carter saw bruises on her daughter's back and buttocks from defendant's beatings. Defendant forbade K.B. to tell anyone about the sexual activity between the two of them, warning her that if she told anyone, he would hurt her grandparents. While the family lived on Free Union Church Road, defendant engaged in his pattern of sexual activity with K.B. twice a week. K.B. was thirteen years old.

The family again moved in April or May of 1997, onto a two-lane section of Highway 264 in Beaufort County. At the new trailer, defendant continued his pattern of sexual touching and intercourse with his step-daughter. Defendant would send K.B. to her room "for what was going to follow," two or three times a week, throughout the following year.

Only when K.B. was menstruating would defendant refrain from engaging in sexual activity with her. Defendant began to make K.B. keep track of her menstrual cycle, marking her period on a calendar.

Early in 1999, K.B. was fourteen years old and living at the Highway 264 address when defendant's pattern of sexual intercourse with her changed; defendant ceased withdrawing his penis from K.B.'s vagina during intercourse. Still early in 1999, upon learning that K.B. had missed her menstrual cycle, defendant had her take a pregnancy test. The test revealed that K.B. was pregnant. At that time, K.B. had never had sex with anyone other than with defendant. K.B. heard defendant tell Carter about the pregnancy, whereupon Carter screamed. Defendant admitted to her that he was the father, claiming he had sex with K.B. only once. Defendant told Carter that they would have to arrange an abortion. Apart from overhearing defendant and Carter, K.B. was not involved in discussions regarding the pregnancy. Defendant directed K.B. to have an abortion. Defendant told K.B. that no one could know about the pregnancy.

In May of 1999, defendant and Carter took K.B. to a clinic named "A Woman's Choice" in Raleigh, North Carolina. Defendant filled out the paperwork, so K.B. never knew what name he used to register her at the clinic. K.B. had an abortion. Back at home, defendant made his step-daughter write a note to Carter, accepting blame for the pregnancy. K.B. began exhibiting behavioral issues at school, ultimately failing ninth grade.

After the abortion, defendant resumed his pattern of sexual gratification and intercourse with K.B. On 28 December 1999, K.B. turned fifteen years old. Defendant continued to put his penis inside her vagina and have intercourse with her.

In August 2000, the family moved from Beaufort County to Martin County, North Carolina. In 2004, defendant and Carter separated over defendant's affair with another woman. Defendant left the home of Carter, K.B., and Javon. The divorce was finalized in January 2006.

Notwithstanding defendant's departure, K.B. continued to experience emotional issues related to the abortion and defendant's sexual activities with her. In 2007, K.B. spoke with her pastor regarding her experiences with defendant. Based upon advice from the pastor, she contacted law enforcement. On 31 January 2007, K.B. went to the Beaufort County Sherriff's Office, where she gave a statement to Investigator Dwight Williams ("Williams") about defendant's sexual touching and sexual intercourse with her. On 1 February 2007, K.B. continued her statement to Williams. Carter also gave a statement to Williams that day. Carter confirmed that she had seen the positive pregnancy test, and she heard defendant tell her that he was the father.

On 28 February 2007, defendant voluntarily came in to the Sherriff's Office, at Williams' request. After Williams told defendant that he was not under arrest, Williams asked defendant if he would discuss an incident that reportedly had taken place between defendant and K.B. Defendant acted unsurprised, replying that the incident had been so long ago that nothing could be done about it anyway.

In his statement to Williams, defendant admitted first having sexual intercourse with K.B. in her bedroom in 1996, after she teased him by wearing very little clothing, showing him her breasts or buttocks, and putting something into his drink to make him have sex with her. Defendant reported having sex with K.B. three weeks later. When defendant found out K.B. was pregnant, he stated that he told Carter he would turn himself into law enforcement, but that Carter told him she did not want anyone to know about the pregnancy. Defendant told Williams that defendant and Carter took K.B. to Raleigh for an abortion in May 1997. Defendant reported that he and Carter separated in 2002.

After recording defendant's statement, Williams read the statement back to defendant, whereupon defendant corrected a misspelled word on page two. Defendant then signed both pages of his statement and left. On 1 March 2007, Williams obtained a warrant for defendant's arrest, which was served by a deputy in the Beaufort County Sheriff's Office.

At trial, defendant denied ever assaulting, touching inappropriately, or having sexual intercourse with K.B. He denied ever beating K.B. with a belt or switch. Defendant denied that any statutory rape occurred, and he denied telling Williams that defendant and Carter took K.B. to Raleigh for an abortion. He denied that Williams ever read defendant's statement back to him. Additionally, defendant testified that he did not understand from Williams' questions that K.B. accused defendant of having sex and impregnating her. Defendant stated in court that Williams' must have made up portions of defendant's statement in which defendant admitted having sex with K.B. Nevertheless, defendant testified that he did understand why he was in court and the charges he was facing.

Initially, we note that defendant raised thirty assignments of error on appeal. Of those, defendant brought forward only twenty assignments of error in his brief. Pursuant to the North Carolina Rules of Appellate Procedure, the remaining ten assignments of error are deemed abandoned. See N.C. R.App. P. 28(b)(6) (2007).

In defendant's first six assignments of error, he argues that the trial court erred in denying his motion to dismiss the first-degree rape charges because the State presented insufficient evidence to establish every element of the offenses and to establish the identity of the perpetrator. We disagree.

"The standard of review for a motion to dismiss in a criminal trial is whether there is substantial evidence (1) of each essential element of the offense charged, or of a lesser offense included therein, and (2) of [the] defendant's being the perpetrator of such offense." State v. Norman, ___ N.C.App. ___, ___, 675 S.E.2d 395, 400 (2009) (citations omitted) (internal quotations omitted). "Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Id. (quoting State v. Kraus, 147 N.C.App. 766, 769, 557 S.E.2d 144, 147 (2001)) (citations omitted) (internal quotation...