State v. Gorham
State v. Gorham
Opinion
*484 Defendant appeals from his conviction of felony speeding to elude arrest and contends the trial court should have granted his motion to dismiss because the State failed to present sufficient evidence he caused over $1,000.00 worth of property damage. Even though the police officer was not testifying as an expert in estimating property damage, his lay opinion testimony, as well as the other evidence, is substantial evidence to survive defendant's motion to dismiss. In addition, both parties agree that defendant was sentenced at the wrong prior record level. We find no error in part and vacate and remand for resentencing at the correct record level.
I. Background
On the night of 9 June 2017, defendant drove to a friend's house and drank alcohol on the front porch with several people. Around 10:00 p.m. that night, Officer Revis of the Reidsville Police Department was investigating a stolen Chevrolet Tahoe that matched the description of the vehicle defendant was driving. When Officer Revis spotted the parked vehicle, he stopped nearby and called for backup. When defendant got into his vehicle, Officer Revis immediately activated his blue lights, but defendant failed to stop. A prolonged chase ensued and defendant sped up to 80 miles per hour within the city limits of Reidsville. Defendant's vehicle struck a guardrail, but defendant continued to flee. The chase continued out of Rockingham County and into two other counties. Defendant drove his car into a residential *314 neighborhood near Burlington and drove up a driveway and through a house. Defendant's vehicle went through the bedroom while a woman was lying in her bed with her head less than a foot away from where the vehicle passed through the house. Defendant continued driving and damaged a shed behind the house and continued to flee. At this point, officers ended the chase to assist the occupants of the house that defendant hit.
The following day, police went to the house where defendant had been drinking the night before and questioned defendant's friend and the friend's mother. While the police were present, defendant called this friend, who put the call on speakerphone. Defendant stated while on *485 speakerphone, "Yeah, I got away from them motherf*****s[.]" Defendant was indicted for felony fleeing to elude arrest, reckless driving, and as a habitual felon. At trial, the State dismissed the reckless driving charge. The jury found defendant guilty of felony fleeing to elude arrest and defendant pled guilty to being a habitual felon. The trial court sentenced defendant, and defendant gave notice of appeal in open court.
II. Motion to Dismiss
Defendant argues that the State failed to present sufficient evidence that defendant caused property damage in excess of $1,000.00, one of the aggravating factors for the speeding to elude arrest charge to be a felony under
[A] motion [to dismiss] presents a question of law and is reviewed de novo on appeal. The question for this Court is whether there is substantial evidence of each essential element of the offense charged and of the defendant being the perpetrator of the offense. Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. The evidence must be considered in the light most favorable to the State, and the State is entitled to every reasonable inference to be drawn therefrom.
State v. Norton
,
Defendant was convicted of felony speeding to elude arrest which requires two or more aggravating factors:
(a) It shall be unlawful for any person to operate a motor vehicle on a street, highway, or public vehicular area while fleeing or attempting to elude a law enforcement officer who is in the lawful performance of his duties. Except as provided in subsection (b) of this section, violation of this section shall be a Class 1 misdemeanor.
(b) If two or more of the following aggravating factors are present at the time the violation occurs, violation of this section shall be a Class H felony.
(1) Speeding in excess of 15 miles per hour over the legal speed limit.
....
*486 (4) Negligent driving leading to an accident causing:
a. Property damage in excess of one thousand dollars ($1,000); or
b. Personal injury.
The State relied on
Defendant frames his issue on appeal as sufficiency of the evidence, but his argument focuses mostly on Officer Revis's qualification to give opinion testimony on the value of the property damages. He argues that "the only evidence presented by the State as to the value of the property damage resulting from the chase and collisions was Officer Revis's uncorroborated opinion testimony that the damage to the guardrail, the Tahoe, and the house and shed in Burlington exceeded $1,000."
*315 First, Officer Revis's testimony was not the "only evidence presented" of the property damage; the State also presented pictures and video showing the damaged property. But Officer Revis's testimony was the only evidence assigning any value to the damages. Defendant's argument fails to address that he did not object to Officer Revis's testimony, so he did not preserve the issue of Officer Revis's qualification to render an opinion on the value of the property damage, either as an expert or lay witness. Therefore, we consider only the sufficiency of the evidence showing damages in excess of $1,000.00.
Defendant notes that "[t]he question of what and how much evidence is required to prove the value of damages to satisfy
*487 Value as used inN.C. Gen. Stat. § 14-72 means fair market value. Stolen property's fair market value is the item's reasonable selling price at the time and place of the theft, and in the condition in which it was when stolen. It is not necessary that a witness be an expert in order to give his opinion as to value. A witness who has knowledge of value gained from experience, information and observation may give his opinion of the value of specific real property, personal property, or services.
State v. Redman
,
Although cases addressing larceny of property with a fair market value over $1,000.00 are helpful, they are not directly analogous on the evidence required to show the value of "property damage." The issue of "Property damage in excess of one thousand dollars ($1,000)" is distinct from the fair market value of an item of property.
See
*488
Another crime which includes an element of value of property damage is defined in
a truck ... crashed into the back wall of the company sales offices. The door had been forced open and the offices ransacked. In the adjoining warehouse, a forklift had been used to break open the double doors leading to the sales offices. A five gallon can of roofing compound had been run over by the forklift, spilling the compound on the floor.
Id. at 426,
After hearing all the evidence, and viewing photographs that showed extensive damage in the ransacked offices, the jury found that the damage done to the personal property exceeded $200. While there may not have been any precise evidence as to the amount of these damages the jury was free to exercise their own reason, common sense and knowledge acquired by their observation and experiences of everyday life.
Since
Defendant relies on
State v. Rahaman
,
Here, Officer Revis testified without objection:
We got towards N.C.-14 and North Scales Street, where the Defendant wrecked the vehicle into the guardrail causing damage to the guardrail; over a thousand dollars' worth of property damage, damaged the Tahoe, but decided to continue to keep fleeing from me while I was still behind him with siren and lights on trying to stop the vehicle.
When asked directly "did [defendant] drive negligently in a manner that led to an accident causing property damage in the excess
*317
of $1,000?" Officer Revis responded, "Yes, sir." The State also introduced pictures of the damaged house and a video of the chase and published these to the jury. The testimony of Officer Revis and the photos and video are substantial evidence that a reasonable mind might accept as adequate
*490
to support the conclusion that defendant caused property damage in excess of $1,000.00, whether as a repair cost or as a reduction in fair market value of the damaged properties. Besides hitting the guardrail, defendant drove
through
a house and damaged a nearby shed. The jury could use common sense and knowledge from their "experiences of everyday life" to determine the damages from driving through a house alone would be in excess of $1,000.00.
See
Edmondson,
III. Prior Record Level
Defendant argues and the State concedes that the trial court erred in sentencing defendant at a prior record level of 4 when his correct prior record level is level 3. This error was prejudicial, so defendant is entitled to a new sentencing hearing.
IV. Conclusion
The trial court did not err in denying defendant's motion to dismiss, but we vacate and remand for a new sentencing hearing for defendant at prior record level 3.
NO ERROR IN PART; VACATED IN PART AND REMANDED.
Judges DILLON and BERGER concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.