State v. Langley
State v. Langley
Opinion
**390 The issue before us in this case is whether an habitual felon indictment returned against defendant was fatally defective. After carefully considering the record in light of the applicable law, we hold that the habitual felon indictment at issue in this case was not fatally defective. For that reason, we reverse the Court of Appeals' decision to the contrary and remand this case to the Court of Appeals for consideration of defendant's remaining challenge to the trial court's judgments.
At approximately 10:30 p.m. on 24 September 2014, Jesse Atkinson, Jr., drove his father, Jesse Atkinson, Sr., and a friend named Kion in Kion's Honda Civic to Vance Street in Greenville for the purpose of buying marijuana. Upon reaching Vance Street, Mr. Atkinson, Jr., pulled up against the curb, at which point Kion exited the car, leaving Mr. Atkinson, Jr., in the front seat and Mr. Atkinson, Sr., in the back seat. After sitting in the car for about five to ten minutes, Mr. Atkinson, Jr., and Mr. Atkinson, Sr., observed a dark blue Nissan Sentra drive past the Honda, stop at a nearby corner, make a U-turn, and pull up beside the Honda facing in the opposite direction. Davron Lovick drove the dark blue Nissan Sentra, with defendant Willie James Langley occupying the front passenger seat.
As the Nissan Sentra neared the Honda, defendant jumped across Mr. Lovick and started shooting at Mr. Atkinson, Jr., and Mr. Atkinson, Sr., with either an AK47 or SKS rifle. After the shooting began, Mr. Atkinson, Jr., drove away while the Nissan continued to chase the Honda and defendant continued to fire at the fleeing vehicle. Defendant fired at least eight shots at the Honda, with Mr. Atkinson, Sr., sustaining gunshot wounds to his right calf and left thigh.
On 29 September 2014, the Pitt County grand jury returned bills of indictment charging defendant with assaulting Mr. Atkinson, Jr., with a deadly weapon with the intent to kill; assaulting Mr. Atkinson, Sr., with a deadly weapon with the intent to kill inflicting serious injury; two counts of attempted first-degree murder; possession of a firearm by a felon; discharging a weapon into an occupied vehicle; and having attained habitual felon status. The indictment charging that defendant had attained habitual felon status alleged, in pertinent part, that
on or about the date of offense shown and in the County named above the defendant named is an habitual felon in that on or about September 11, 2006, the defendant did commit the felony of Felony Larceny, in violation of North Carolina General Statute 14-72(a), and that on or about February 15, 2007, the defendant was convicted of the felony of Felony Larceny in the Superior Court of Pitt County, **391 North Carolina; and that on or about October 08, 2009, the defendant did commit the felony of Robbery with a Dangerous Weapon, in violation of North Carolina General Statute 14-87, and that on or about September 21, 2010, the defendant was convicted of the felony of Common Law Robbery in the Superior Court of Pitt County, North Carolina; and that on or about August 24, 2011, the defendant did commit the felony of Robbery with a Dangerous Weapon, in violation of North Carolina General Statute 14-87.1, and that on or about May 5, 2014, the defendant was convicted of the felony of Common Law Robbery in the Superior Court of Pitt County, North Carolina, against the form of the statute ... *194 and against the peace and dignity of the State.
The charges against defendant came on for trial before the trial court and a jury at the 26 January 2015 criminal session of the Superior Court, Pitt County. On 28 January 2015, the jury returned verdicts finding defendant guilty as charged. Based upon the jury's verdicts, the trial court consolidated defendant's convictions for two counts of attempted first-degree murder, assault with a deadly weapon with the intent to kill, and assault with a deadly weapon with the intent to kill inflicting serious injury for judgment and sentenced defendant to a term of 238 to 298 months imprisonment; sentenced defendant to a consecutive term of 110 to 144 months imprisonment based upon his conviction for possession of a firearm by a felon; and sentenced defendant to a consecutive term of 110 to 144 months imprisonment based upon his conviction for discharging a weapon into an occupied vehicle. Defendant noted an appeal to the Court of Appeals from the trial court's judgments.
In seeking relief from the trial court's judgments before the Court of Appeals, defendant argued, among other things,
1
that the habitual felon indictment that had been returned against him was facially defective. According to defendant, "with respect to the second and third previous felony convictions alleged in the habitual felon indictment returned against [defendant], the previous offenses that he allegedly
committed
differed from the offenses of conviction." In defendant's view, the fact
**392
that the offense that defendant allegedly committed differed from the offense that defendant was allegedly convicted of having committed demonstrated that the habitual felon indictment failed to comply with the pleading requirements set out in N.C.G.S. 14-7.3 as construed in
State v. Cheek
,
In its opinion, the Court of Appeals "order[ed] that the judgment regarding the habitual felon conviction be vacated and the case be remanded for resentencing on the underlying felonies without the habitual felon enhancement" on the grounds that "the trial court proceeded on a facially deficient habitual felon indictment."
State v. Langley
, --- N.C. App. ----, ----,
In seeking to persuade us to reverse the Court of Appeals' decision, the State argues
*195
that the Court of Appeals erroneously engrafted an additional requirement onto the statutory provisions governing the contents of an habitual felon indictment given that the applicable statutory language requires that the offense that the defendant allegedly committed be identical to the offense that the defendant was allegedly convicted of committing. The State contends that the insertion of this requirement
**393
into N.C.G.S. § 14-7.3 conflicts with this Court's consistent refusal to "engraft additional unnecessary burdens upon the due administration of justice," quoting
State v. Freeman
,
Defendant, on the other hand, asserts that the mere fact that an individual has been convicted of three prior felony offenses does not suffice to establish that the individual in question is an habitual felon given that the felonies necessary to establish the existence of that status cannot overlap. For example, defendant notes that the second felony must have been "committed after the conviction of or plea of guilty to the first felony" and that the third felony must have been "committed after the conviction of or plea of guilty to the second felony," quoting N.C.G.S. § 14-7.1. In light of that fact, a valid habitual felon indictment must allege "both the date the defendant committed the felony and the date the defendant was convicted of
that same felony
in the habitual felon indictment," quoting
Langley
, --- N.C. App. at ----,
"A valid ... indictment is an essential of jurisdiction."
State v. McBane
,
The content of a valid indictment alleging that a defendant has attained habitual felon status is specified in N.C.G.S. 14-7.3, which provides that the indictment "shall be separate from the indictment charging [that person] with the principal felony" and "must set forth the date that the prior felony offenses were committed, the name of the state or other sovereign against whom said felony offenses were committed, the dates that pleas of guilty were entered to or convictions returned in said felony offenses, and the identity of the court wherein said pleas or convictions took place." N.C.G.S. § 14-7.3 (2017). In view of the fact that the ultimate question before us in this case is whether N.C.G.S. § 14-7.3 requires that an indictment charging that the defendant has attained habitual felon status must allege that the defendant committed the same felony offense for which he was ultimately convicted, we are required to interpret the relevant statutory provision to see if it embodies a requirement of the type for which defendant contends.
**395
"Legislative intent controls the meaning of a statute."
Midrex Techs., Inc. v. N.C. Dep't of Revenue
,
The language of the relevant statutory provision is clear, unambiguous, and requires no construction. N.C.G.S. § 14-7.3 states that an habitual felon indictment must set forth (1) "the date that prior felony offenses were committed," (2) "the name of the state or other sovereign against whom said felony offenses were committed," (3) "the dates that pleas of guilty were entered to or convictions returned in said felony offenses," and (4) "the identity of the court wherein said pleas or convictions took place." N.C.G.S. § 14-7.3 ;
accord
Cheek
,
In addition, we note that the habitual felon indictment returned against defendant
*197
in this case alleged that defendant had committed the offenses of robbery with a dangerous weapon and had been convicted of the lesser included offenses of common law robbery. "[I]t is well settled that an indictment for an offense includes all the lesser degrees of the same crime,"
State v. Baker
,
As a result, for all of these reasons, we hold that the habitual felon indictment returned against defendant in this case was not fatally defective, reverse the Court of Appeals' decision, and remand this case to the Court of Appeals consideration of defendant's remaining challenge to the trial court's judgments.
REVERSED AND REMANDED.
In addition to the issue discussed in the text of this opinion, defendant contended that the trial court had erred by denying his motion for a mistrial and instructing the jury in such a manner as to constructively amend the habitual felon indictment. The Court of Appeals held that the trial court had not abused its discretion in denying defendant's mistrial motion and did not reach the issue of whether the trial court had constructively amended the habitual felon indictment in its instructions to the jury.
Reference
- Full Case Name
- STATE of North Carolina v. Willie James LANGLEY
- Cited By
- 19 cases
- Status
- Published
- Syllabus
- Whether the indictment charging defendant with having attained habitual felon status was fatally defective.