State v. Williams
| Decision Date | 03 May 2022 |
| Docket Number | COA21-550 |
| Citation | 871 S.E.2d 583 (Table) |
| Parties | STATE of North Carolina, v. Johnny Lee WILLIAMS. |
| Court | North Carolina Court of Appeals |
Attorney General Joshua H. Stein, by Special Deputy Attorney General Phillip T. Reynolds, for the State.
Epstein Law Firm, by Andrew Nelson, for Defendant-Appellant.
¶ 1 Johnny Lee Williams ("Defendant") appeals from judgment entered upon jury verdicts, following the trial court's denial of his motion to suppress evidence obtained in a warrantless search by law enforcement. On appeal, Defendant argues the trial court erred in denying his motion to suppress because the trial court failed to make adequate conclusions of law in its suppression order (the "Order") and because the officers exceeded the scope of a valid "knock and talk." Because the Order did not contain sufficient conclusions of law, we reverse and remand the matter to the trial court to allow for entry of an order with adequate conclusions of law. We need not consider Defendant's remaining arguments.
¶ 2 On 4 September 2018, a Johnston County grand jury returned true bills of indictment against Defendant, charging him with trafficking in methamphetamine by possession, in violation of N.C. Gen. Stat. § 90-95(h)(3)(b) ; trafficking in methamphetamine by transportation, in violation of N.C. Gen. Stat. § 90-95(h)(3)(b) ; possessing drug paraphernalia, in violation of N.C. Gen. Stat. § 90-113.22(a) ; possessing up to one-half ounce of marijuana, in violation of N.C. Gen. Stat. § 90-95(d)(4) ; resisting a public officer, in violation of N.C. Gen. Stat. § 14-223 ; carrying a concealed weapon, in violation of N.C. Gen. Stat. § 14-269(a) ; and obtaining the status of habitual felon, in violation of N.C. Gen. Stat. § 14-7.1. On 22 January 2022, a Johnston County grand jury returned a superseding true bill of indictment, charging Defendant with possession with intent to sell or deliver methamphetamine, in violation of N.C. Gen. Stat. § 90-95(a)(1).
¶ 3 On 22 March 2019, counsel for Defendant filed a pre-trial motion to suppress the evidence collected by the officers on 3 August 2018 on the basis the warrantless search violated Defendant's rights under the Fourth Amendment, Fifth Amendment, and Sixth Amendment of the United States Constitution as well as Article I, Sections 19 and 20 of the North Carolina Constitution. On 17 February 2020, a pre-trial hearing was conducted in Johnston County Superior Court before the Honorable Vinston M. Rozier, Jr. to consider Defendant's motion.
¶ 4 The evidence presented at the pre-trial suppression hearing tended to show the following: On 3 August 2018, the Johnston County Sheriff's Department dispatched two deputies, Deputy Andrew McCoy ("Deputy McCoy") and Deputy Jonathan Lee ("Deputy Lee"), in response to a service call referencing a drug complaint. Deputy McCoy, who was, at the time of the hearing, employed by the Johnston County Sheriff's Department, testified that the anonymous caller indicated that "the meth man is on the way over there" and that "a deal is about to happen." A follow-up call came in stating, "it's either lot 10 or 11 [of the trailer park] and should have a silver Saturn in the yard."
¶ 5 Deputy McCoy testified he arrived at the scene late at night. He saw two cars parked near a mobile home, one silver and one black. Although he noted that one of the cars was silver, he could not recall if it was a Saturn as the caller indicated, nor could he recall where the car was parked in relation to lots 10 and 11 of the trailer park. The cars were "parked side by side, both facing away from the road." Deputy McCoy parked behind the trailer, and he did not block in the vehicles or use any kind of emergency signaling. There were four individuals in the silver car, and one individual—the driver—in the black car.
¶ 6 Deputy McCoy stood between the two vehicles and first made contact with the driver of the black car. While Deputy McCoy was questioning the driver, a male occupant in the rear passenger side of the silver car rolled down his window and spoke to Deputy McCoy. Deputy McCoy "began to smell the odor of marijuana coming from the car." He also saw "marijuana crumbs" all over the passenger's lap and clothing. When questioned by Deputy McCoy as to how much marijuana he had in the car, the passenger responded, "none, I was just making a blunt." At that time, another backseat passenger exited the silver vehicle and walked to the front of the vehicle.
¶ 7 Around the time Deputy McCoy was questioning the driver, Deputy Lee arrived at the scene and parked directly behind Deputy McCoy. He "noticed the vehicle that had been described by the call notes" and walked up between the cars where Deputy McCoy stood. Deputy McCoy approached the front passenger window of the silver car, where Defendant was seated. According to Deputy McCoy, Defendant's "hand was completely under his buttocks," and he "appeared to be stuffing something under his person and in his seat." Upon multiple requests, Defendant refused to show his hands or get out of the car. Deputy McCoy ultimately had to assist Defendant out of the vehicle. Before Deputy McCoy could perform a pat down of Defendant, another passenger started to run, and Deputy McCoy chased him on foot.
¶ 8 Deputy Lee testified he stayed at the location of the vehicles and "tr[ied] to keep [the subjects, who had all exited from the vehicles,] centralized in one area while also keeping an eye on Deputy McCoy's pursuit. Deputy Lee witnessed Defendant approach the driver's side of the black vehicle. Deputy Lee ordered Defendant to stay where he was and to not move. Shortly thereafter, Deputy Lee observed Defendant "bend over in the front end of the vehicle in the grill area," and make "a swinging motion [with] his arm." Deputy Lee asked Defendant what he was doing and asked him to stop moving. Defendant did not address Deputy Lee or otherwise attempt to communicate with him. Instead, Defendant moved to the opposite side of the vehicle from which Deputy Lee stood, and in the opposite direction of Deputy McCoy. Defendant then attempted to run from the scene. Deputy Lee caught up with Defendant and took him into custody. Deputy Lee performed a pat down of Defendant and did not find any weapons or contraband on his person. After securing Defendant in a patrol car, the officers searched the area, including under and inside the vehicles.
¶ 9 The record reveals the officers found, inter alia , digital scales, a glass smoking pipe, a plastic bag containing what officers believed was methamphetamine under the silver vehicle, a plastic bag containing what officers believed was marijuana, and other drug paraphernalia. The officers also found brass knuckles under the front passenger seat of the silver vehicle where Defendant was seated.
¶ 10 The trial court took the matter under advisement and did not rule on the motion to suppress following the hearing. On 17 February 2020, the trial court issued the written Order denying Defendant's motion to suppress.
¶ 11 On 8 March 2021, a jury trial began before the Honorable Thomas H. Lock, judge presiding. Deputy Lee and former Deputy McCoy testified at trial. The evidence collected from the scene was introduced at trial without objection. Kaitlin Giovanni ("Giovanni"), a chemist employed by the North Carolina Department of Agriculture in the Food and Drug Protection Division, also testified. Giovanni conducted testing on some of the bags of substances found by the officers at the scene and opined that the substances included 27.91 grams of methamphetamine in the aggregate.
¶ 12 The jury returned unanimous verdicts finding Defendant guilty of one count of possession of methamphetamine, one count of possession of drug paraphernalia, one count of resisting a public officer, and one count of carrying a concealed weapon. The trial court sentenced Defendant to a minimum term of thirty-six months and a maximum term of fifty-six months in the custody of the North Carolina Division of Adult Correction.
¶ 13 Defendant filed written notice of appeal pursuant to N.C. Gen. Stat. § 15A-1444.
¶ 14 As an initial matter, we must consider whether this Court has jurisdiction to address the merits of Defendant's appeal.
¶ 15 On 28 October 2021, Defendant filed a petition for writ of certiorari with this Court, in which he admits his notice of appeal "inaccurately describes the criminal counts included in the consolidated judgment issued by the trial court." Nevertheless, Defendant contends the notice of appeal substantially complies with Rule 4 of the North Carolina Rules of Appellate Procedure, the State has not been prejudiced by the errors, and Defendant's intent to appeal from the judgment was apparent from the notice.
N.C. R. App. P. 4(a)(1)-(2). In addition to filing and service requirements, the notice of appeal "shall designate the judgment or order from which appeal is taken ...." N.C. R. App. P. 4(b).
The writ of certiorari may be issued in appropriate circumstances by either appellate court to permit review of the judgments and orders of trial tribunals when the right to prosecute an appeal has been lost by failure to take timely action, or when no right of appeal from an interlocutory order exists, or for review pursuant to [N.C. Gen. Stat.] § 15A-1422(c)(3) of an order of the trial court ruling on a motion for appropriate relief.
N.C. R. App. P. 21(a)(1). The decision to allow a petition and issue the writ of certiorari "rests within the discretion of this Court." State v. Biddix , 244 N.C. App. 482, 486, 780 S.E.2d 863, 866 (2015) (citing N.C. R. App. P. 21(a)(1) ). ...
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