State v. Scott

• Citation: 356 N.C. 591,573 S.E.2d 866
• Decision Date: 20 December 2002
• Docket Number: No. 598PA01.,598PA01.
• Court: United States State Supreme Court of North Carolina
• Parties: STATE of North Carolina v. Brian Alexander SCOTT.

573 S.E.2d 866

356 N.C. 591

STATE of North Carolina v. Brian Alexander SCOTT.

No. 598PA01.

Supreme Court of North Carolina.

December 20, 2002.

Roy Cooper, Attorney General, by Isaac T. Avery, III, Special Deputy Attorney General, and Patricia A. Duffy, Assistant Attorney General, for the State-appellant.

Daniel Shatz, Durham, for defendant-appellee.

Morrow Alexander Tash Kurtz & Porter, by Benjamin D. Porter, Winston-Salem, on behalf of the North Carolina Academy of Trial Lawyers, amicus curiae.

BUTTERFIELD, Justice.

This case comes to us on discretionary review from a unanimous opinion of the Court of Appeals affirming the trial court's dismissal of defendant's conviction for driving while impaired (DWI). Defendant was indicted for DWI, habitual DWI, driving while license revoked (DWLR), carrying a concealed weapon, possession of a firearm by a felon, and being an habitual felon. A careful examination of the record reveals that defendant informed the trial court that he had authorized his counsel to stipulate to prior convictions of DWI and a prior felony larceny conviction. The record also reveals that there was a clear understanding between defense counsel, the prosecutor, and the trial judge that there had been stipulations as to the DWI convictions and the felony larceny conviction pursuant to N.C.G.S. § 15A-928(c). The trial court proceeded with the trial accordingly. At the close of the State's case in chief, defendant moved to dismiss the charges because of insufficiency of the evidence. The trial court denied the motion. Defendant called three witnesses in his defense. At the close of all evidence, defendant did not move for dismissal or nonsuit.

The jury found defendant guilty of DWI and not guilty of carrying a concealed weapon. The parties disagree regarding the actual DWI charge upon which defendant was tried and convicted. Our careful review of the record confirms the State's argument that defendant was tried upon and found guilty of habitual DWI. Defendant pled guilty to the DWLR charge. Prior to proceeding with sentencing on the habitual DWI conviction, defendant moved to dismiss the DWI conviction based on insufficiency of the evidence. The trial court granted defendant's motion to dismiss. The order of 14 October 1999 references the offense as simply "driving while impaired." We have examined that portion of the transcript immediately after the jury returned its verdict of guilty. In the discussion between the prosecutor, defense counsel, and the trial judge regarding the habitual felon charge, the trial judge stated, "And you are saying habitual DWI is habitual felon, is the underlying charge to support the habitual felon?" Notwithstanding the clerical error in the order, the trial judge clearly intended to dismiss the habitual DWI charge.

The trial court subsequently sentenced defendant on the DWLR charge to which defendant pled guilty. The only issue before us is the dismissal of the habitual DWI charge. The Court of Appeals held that the State's appeal did not violate principles of double jeopardy. The Court of Appeals then addressed whether the trial court properly dismissed the habitual DWI charge. The Court of Appeals held that the trial court properly dismissed the charge and affirmed the actions of the trial court. From this determination, the State appeals.

The State raises two issues for our consideration: first, whether the Court of Appeals applied the correct standard of review in determining whether the trial court properly dismissed the habitual DWI charge, under N.C.G.S. § 15A-1227(a)(3), after the jury had returned a verdict of guilty but before entry of judgment; and second, whether there was sufficient evidence to sustain the jury's verdict of guilty. We first address the applicable standard of review.

The Court of Appeals wrote, "As defendant refused to take the Intoxilyzer test, the State needed to prove beyond a reasonable doubt that defendant was impaired through his actions and words, and through other indicia that showed he was appreciably impaired. We conclude that the State has not met this burden." State v. Scott, 146 N.C.App. 283, 287, 551 S.E.2d 916, 919 (2001). The Court of Appeals then summarized the State's evidence against defendant. The Court of Appeals held that "this evidence, in and of itself, is not sufficient to prove beyond a reasonable doubt that defendant was appreciably impaired." Id. The State contends that the Court of Appeals erred in applying this "proof beyond a reasonable doubt" standard of review. We agree.

The Court of Appeals' holding requires the State to prove a defendant's guilt beyond a reasonable doubt in order to survive a motion to dismiss for insufficiency of the evidence after a jury has returned a verdict of guilty but prior to entry of judgment. The applicable statutory provision, which the trial court referenced in deciding the motion, is N.C.G.S. § 15A-1227(a)(3). The statute provides as follows:

(a) A motion for dismissal for insufficiency of the evidence to sustain a conviction may be made at the following times:

(1) Upon close of the State's evidence.

(2) Upon close of all the evidence.

(3) After return of a verdict of guilty and before entry of judgment.

(4) After discharge of the jury without a verdict and before the end of the session.

(b) Failure to make the motion at the close of the State's evidence or after all the evidence is not a bar to making the motion at a later time as provided in subsection (a).

(c) The judge must rule on a motion to dismiss for insufficiency of the evidence before the trial may proceed.

(d) The sufficiency of all evidence introduced in a criminal case is reviewable on appeal without regard to whether a motion has been made during trial, as provided in G.S. 15A-1446(d)(5).

N.C.G.S. § 15A-1227 (2001). The State invites us to compare other statutory post-verdict motions that address the sufficiency of the evidence. However, a review of these statutes is not necessary to determine the issue before us. Therefore, we decline to address these statutes in the abstract and in hypothetical terms that would fall outside the scope of our review.

The State argues that the standard of review for a motion to dismiss should be uniform throughout the statute regardless of whether the motion is made at the close of the State's evidence, at the close of all the evidence, after return of a verdict of guilty and before entry of judgment, or after discharge of the jury without a verdict and before the end of the session. As this appears to be a case of first impression for this Court, we note that the doctrine of stare decisis requires us to hold that the standard of review to be applied to each provision in N.C.G.S. § 15A-1227 shall be uniform.

The legislature did not distinguish a motion to dismiss after the return of a verdict of guilty by setting it apart in another statute. Rather, the legislature included it within N.C.G.S. § 15A-1227 along with the other provisions. "Parts of the same statute dealing with the same subject matter must be considered and interpreted as a whole." State ex rel. Comm'r of Ins. v. N.C. Auto. Rate Admin. Office, 294 N.C. 60, 66, 241 S.E.2d 324, 328 (1978). We shall thus review this statute as a whole.

This Court has examined the standard of review for motions to dismiss in criminal trials. In State v. Powell, 299 N.C. 95, 261 S.E.2d 114 (1980), this Court held:

Upon defendant's motion for dismissal, the question for the Court 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 defendant's being the perpetrator of such offense. If so, the motion is properly denied.

If the evidence is sufficient only to raise a suspicion or conjecture as to either the commission of the offense or the identity of the defendant as the perpetrator of it, the motion should be allowed.

Id. at 98, 261 S.E.2d at 117 (citations omitted). We reiterated this holding in State v. Barnes, 334 N.C. 67, 75, 430 S.E.2d 914, 918 (1993), and in State v. Fritsch, 351 N.C. 373, 378, 526 S.E.2d 451, 455, cert. denied, 531 U.S. 890, 121 S.Ct. 213, 148 L.Ed.2d 150 (2000). We find no compelling reason to depart from this standard of review. Therefore, the Powell standard of review is appropriate for our examination of the evidence in the case sub judice. We now turn to the State's second issue, which addresses whether there was sufficient evidence to support the jury's verdict of guilty. In applying the standard of review for motions to dismiss as established in Powell, rather than the standard applied by the Court of Appeals in this case, we follow our holdings in Barnes and Fritsch. In Fritsch, we quoted the holding in Barnes and expanded upon it as follows:

In reviewing challenges to the sufficiency of evidence, we must view the evidence in the light most favorable to the State, giving the State the benefit of all reasonable inferences. State v. Benson, 331 N.C. 537, 544, 417 S.E.2d 756, 761 (1992). Contradictions and discrepancies do not warrant dismissal of the case but are for the jury to resolve. Id. The test for sufficiency of the evidence is the same whether the evidence is direct or circumstantial or both. State v. Bullard, 312 N.C. 129, 322 S.E.2d 370 (1984). "Circumstantial evidence may withstand a motion to dismiss and support a conviction even when the evidence does not rule out every hypothesis of innocence." State v. Stone, 323 N.C. 447, 452, 373 S.E.2d 430, 433 (1988). If the evidence presented is circumstantial, the court must consider whether a reasonable inference of defendant's guilt may be drawn from the circumstances. Once the court decides that a reasonable inference of defendant's guilt may be drawn from the circumstances, then "`it is for the jury to decide whether the facts, taken singly or in combination, satisfy [it] beyond a reasonable doubt that the defendant is actually

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