State v. Ruffin
| Decision Date | 19 March 2019 |
| Docket Number | No. COA18-645,COA18-645 |
| Citation | 824 S.E.2d 927 (Table) |
| Parties | STATE of North Carolina v. George Clinton RUFFIN, Defendant. |
| Court | North Carolina Court of Appeals |
Attorney General Joshua H. Stein, by Assistant Attorney General Brittany K. Brown, for the State.
Lisa A. Bakale-Wise, for defendant-appellant.
HUNTER, JR. Robert N., Judge.
George Clinton Ruffin ("Defendant") appeals following jury verdicts finding him guilty of one count of felony obtaining property by false pretenses and two counts of misdemeanor possession of stolen goods. On appeal, Defendant argues: (1) his trial counsel rendered ineffective assistance of counsel by failing to move to dismiss the charges after Defendant presented evidence; and (2) the trial court abused its discretion by denying his request to call a character witness. We find no prejudicial error.
On 26 September 2016, an Alamance County Grand Jury indicted Defendant for felony obtaining property by false pretenses, felony possession of stolen goods, misdemeanor possession of stolen goods, and with being a habitual felon.
The court called the case for trial on 7 November 2017. The State chose to proceed on felony obtaining property by false pretenses, two counts of misdemeanor possession of stolen goods, and attaining habitual felon status. Prior to the beginning of the State's case, Defendant requested to add Keisha Bluford to his witness list. The State objected on the ground of timeliness, citing N.C. Gen. Stat. § 15A-905(c)(3) (2017), which requires Defendant timely submit a list of witnesses. The trial court denied Defendant's request.
The State's evidence tended to show the following facts. Guy Huffman, a construction worker and foreman-supervisor for Dane Construction, Inc., testified. He and his crew worked on a project at Elon University in January 2016. While on the project, the crew stayed at a Ramada Inn. During their stay at the Inn, Huffman parked the company truck in the Inn's parking lot.
On the evening of 20 January 2016, Huffman, as was his practice, left the passenger door of the truck unlocked so his crew members could place their belongings inside. Early the next morning, Huffman realized tools were missing from the truck, including his concrete saw, drill and saw combo set, and all his hand tools. Huffman reported the theft to the Burlington Police Department later that day. He gave officers the makes, models, and serial numbers of the missing tools.
Daylon Kim, the manager of USA Pawn in Burlington, testified next. On direct-examination, Kim testified as to the following.
Kim detailed the following procedures at USA Pawn. When a customer brings an item to sell or pawn, an employee examines the item and determines if they need it for the store. In order to complete the sale or pawn, the customer must present proper identification and sign a paper record. The paper record includes a space at the bottom for the "Pledger/Seller's Signature." Above the signature line, the paper record states, "The pledger of the items attests that it is not stolen, has no liens or encumbrances, and is the pledger's to sell or pawn." USA Pawn pays customers in cash for purchased items.
On 23 January 2016, Defendant carried an assortment of tools into USA Pawn and placed them on the counter for Kim to assess. Kim identified Defendant as the man who sold him the tools. Kim sorted through the tools and told Defendant which ones USA Pawn would purchase. During the processing of the tools, Kim talked only to Defendant.
Defendant showed Kim his photo ID as required, and another employee prepared the paper record for Defendant to sign. After Defendant signed the paper record, Kim paid Defendant $80 in cash. At the conclusion of the sale, one of the other men helped Defendant carry the unpurchased tools out of the store.
On cross-examination, Kim clarified all three men carried the assortment of tools into the store—not just Defendant. When asked who he talked to during the sale, Kim explained he told the other men with Defendant which tools the store would purchase. USA Pawn purchased the Husqvarna concrete saw, Milwaukee drill and saw combo set, and Delco floor jack complete with a drop cord and tie down.1 During the sale, the two men with Defendant asked Kim why he did not accept the remaining tools.2
Marlene Arcos, the Burlington Police Department employee who took Huffman's report over the phone on 21 January 2016, testified as follows. Arcos entered the serial numbers of the stolen tools into the National Crime Information Center database. She estimated the total value of the tools at $1,950.
Jeremy Seppey, a detective with the Burlington Police Department, testified. Officer Seppey began investigating the case on 25 January 2016. He searched the Leads Online database for the missing tools, and located the concrete saw, drill and saw combo set, and several other tools sold at USA Pawn on 23 January 2016. On 26 January 2016, Officer Seppey visited USA Pawn and matched the serial numbers of the missing tools to the serial numbers on the concrete saw and drill and saw combo set. Officer Seppey picked up the tools from USA Pawn on 2 February 2016 and returned them to Huffman on the same day. While at the store, Officer Seppey got a copy of the paper record of Defendant's transaction, and briefly spoke with Kim. Kim told Officer Seppey the only statement Defendant made during the transaction was that he wanted to get rid of the tools.
The State rested. Defendant moved to dismiss the charges. The trial court denied his motion.
Defendant testified on his own behalf. In summer 2015, Defendant became involved with Greensboro's Step Up program, a non-profit organization that "caters to the need[s]" of others. Defendant completed social and educational training in order to become a recruiter for Step Up. On 23 January 2016, Defendant went to Alamance County to look for recruits for Step Up. In the process of looking for recruits, Defendant saw Maurice Chavis and a man Defendant did not know. Defendant and Chavis were not personal friends, but the two played basketball together "back in the day."
Defendant told Chavis and the other man about the Step Up program in Greensboro. Chavis showed interest but told Defendant he could not drive to Greensboro because his car was not operational. Defendant asked what he could do to help Chavis. Chavis explained he tried to pawn his tools to pay for car repairs but had trouble because of his invalid ID. Defendant offered to use his ID for Chavis because he knew him and "didn't have no reason to think of any means of distrusting him." Defendant went with Chavis and the other man to Chavis's apartment. Once there, Chavis and the other man brought a bin of tools onto the porch and asked Defendant to go with them to USA Pawn.
At USA Pawn, Chavis removed the tools from the bin and set them on the counter. Kim "wouldn't talk to nobody but [Defendant]"—who presented his ID. While Kim sorted through the tools and made offers, Defendant looked at Chavis and the other man, saying, "what do you want to do?" Defendant asked Chavis and the other man what they wanted to sell because Defendant was "only there for one purpose and that was to use [his] ID and that was it." Defendant told Kim, "You can just give the money to this guy here because the stuff is not mine." Defendant gave the money to Chavis while they were still in the pawn shop. The men dropped Defendant off at his sister's home, and Defendant returned to Greensboro the following Monday or Tuesday. Chavis never came to the Step Up program in Greensboro.
The jury found Defendant guilty of one count of felony obtaining property by false pretenses and both counts of misdemeanor possession of stolen goods. Defendant pled guilty to attaining habitual felon status. The court sentenced Defendant to 67 to 93 months imprisonment. Defendant timely gave oral notice of appeal.
Defendant's appeal from the final judgment of the Alamance County Superior Court lies as of right to this Court pursuant to N.C. Gen. Stat. § 7A-27(b) (2017).
"[T]his Court reviews whether a defendant was denied effective assistance of counsel de novo." State v. Wilson , 236 N.C. App. 472, 475, 762 S.E.2d 894, 896 (2014). "Under de novo review, this Court considers the matter anew and freely substitutes its own judgment for that of the trial court." State v. Ward , 226 N.C. App. 386, 388, 742 S.E.2d 550, 552 (2013) (citation omitted).
We review the trial court's decision to deny Defendant's request to allow an undisclosed witness to testify at trial for abuse of discretion. State v. Miller , 142 N.C. App. 435, 444, 543 S.E.2d 201, 207 (2001). An abuse of discretion occurs "where the [trial] court's ruling is manifestly unsupported by reason or is so arbitrary that it could not have been the result of a reasoned decision." State v. Hennis , 323 N.C. 279, 285, 372 S.E.2d 523, 527 (1998).
Defendant argues he received ineffective assistance of counsel when his trial counsel failed to move to dismiss the charges of felony obtaining property by false pretenses and both counts of misdemeanor possession of stolen goods at the close of all evidence.3
"To prevail on a claim of ineffective assistance of counsel, a defendant must first show that his counsel's performance was deficient and then that counsel's deficient performance prejudiced his defense[.]" State v. Moses , 205 N.C. App. 629, 636, 698 S.E.2d 688, 694 (2010). To establish prejudice, "the defendant must show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." State v. Tanner , 193 N.C. App. 150,...
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