State v. Nobles

• Court: North Carolina Supreme Court
• Writing for the Court: WEBB
• Citation: State v. Nobles, 404 S.E.2d 668, 329 N.C. 239 (N.C. 1991)
• Decision Date: 12 June 1991
• Docket Number: No. 342PA90,342PA90
• Parties: STATE of North Carolina v. Brenda Joyce NOBLES.

Page 668

404 S.E.2d 668

329 N.C. 239

STATE of North Carolina v. Brenda Joyce NOBLES.

No. 342PA90.

Supreme Court of North Carolina.

June 12, 1991.

Lacy H. Thornburg, Atty. Gen. by Steven F. Bryant, Sp. Deputy Atty. Gen., Raleigh, for State appellant.

Malcolm Ray Hunter, Jr., Appellate Defender by Benjamin Sendor and Constance H. Everhart, Asst. Appellate Defenders, for defendant appellant appellee.

WEBB, Justice.

Appeal by the State

The State's appeal has brought to the Court a question as to whether certain aggravating factors were properly found. We note at the outset that the State petitioned for discretionary review as to only the first two aggravating factors which the Court of Appeals held it was error to find. The State did not petition for a review of the third aggravating factor which the Court of Appeals held was erroneously found. This holding by the Court of Appeals is not disturbed. We shall discuss the other aggravating factors with which the Court of Appeals dealt.

The first aggravating factor found was that defendant induced another as an accessory after the fact or in the commission of the crime. This is a statutory aggravating factor. N.C.G.S. § 15A-1340.4(a)(1)a (1988). There is no dispute that the defendant's daughter was involved at least in concealing the baby after it was taken from the hospital. The defendant contends that this does not support a finding that she induced this participation. The defendant, relying on State v. Gore, 68 N.C.App. 305, 314 S.E.2d 300 (1984) and State v. Setzer, 61 N.C.App. 500, 301 S.E.2d 107, disc. rev. denied, 308 N.C. 680, 304 S.E.2d 760 (1983), argues that evidence that another person participated in the crime is not sufficient evidence that the defendant induced such participation. There is more evidence in this case than the participation of Ms. Slaydon in the crime. The evidence is that the defendant was anxious to get a baby. She went to the hospital and took the baby. She carried the baby to the home on which the defendant paid the rent and in which her daughter was living and her daughter cared for the baby, telling people it was her mother's child. The court could infer from this evidence that the idea for the crime originated with the defendant and she procured Ms. Slaydon's help in executing the crime. This would support the finding of the court. This is a statutory aggravating factor which must be considered by the court in imposing a sentence. State v. Cameron, 314 N.C. 516, 335 S.E.2d 9 (1985). We hold it was not error for the superior court to find this aggravating factor and to consider it in imposing the sentence.

The second aggravating factor dealt with the vulnerability of the victim because he was extremely young and because he was in a hospital. The victim's being very young is a statutory aggravating factor. N.C.G.S. § 15A-1340.4(a)(1)j (1988). To find age as an aggravating factor there must be evidence that the victim was vulnerable because of his age. State v. Barts, 316 N.C. 666, 343 S.E.2d 828 (1986); State v. Ahearn, 307 N.C. 584, 300 S.E.2d 689 (1983); State v. Eason, 67 N.C.App. 460, 313 S.E.2d 221, aff'd, 312 N.C. 320, 321 S.E.2d 881 (1984). We have said that in "cases ... involving victims near the beginning or end of the age spectrum, the prosecution may establish vulnerability merely by relating the victim's age and the crime committed." State v. Hines, 314 N.C. 522, 526, 335 S.E.2d 6, 8 (1985). The victim could not have been much younger than was the victim in this case. He was more vulnerable than a child a few years older would have been.

The defendant argues that the age factor was not properly found because, although the victim was more vulnerable in this case than an older child would have been, this was not the reason the defendant abducted the child. The abduction, she says, was not caused by the child's vulnerability. It is not the cause of the taking which supports the aggravating factor. Whatever the motive, if the victim is more vulnerable because of age, this aggravates the crime.

The court also found as an aggravating factor that the victim was more vulnerable because he was in a hospital at the time of his abduction. This is a nonstatutory aggravating factor. The defendant argues that to hold this is a proper aggravating factor would mean that every time an offense is committed against a person who is not in the safety of his home this aggravating factor could be found. The court may consider any aggravating factor that is proved by a preponderance of the evidence, and is reasonably related to the purposes of sentencing. N.C.G.S. § 15A-1340.4(a) (1988). Factors that increase the offender's culpability are related to the purposes of sentencing. N.C.G.S. § 15A-1340.4 (1978). State v. Melton, 307 N.C. 370, 298 S.E.2d 673 (1983).

We hold that the increased vulnerability of the victim because of his being in a hospital makes this a proper aggravating factor. A person should be able to enter a hospital without feeling he has to be on guard against wrongdoers. In this case it was particularly egregious that the defendant disguised herself as a nurse and used this disguise to abduct the baby. The mother of the child had a right to rely on a person dressed as a nurse. This made the victim more vulnerable than he ordinarily would have been and makes it a worse crime than if it had...