No COA05 656 FIFTEENTH B DISTRICT COURT OF APPEALS OF NORTH CAROLINA STATE OF NORTH CAROLINA

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					No. COA05-656                          FIFTEENTH (B) DISTRICT

                COURT OF APPEALS OF NORTH CAROLINA

          *******************************************

STATE OF NORTH CAROLINA       )         FROM ORANGE COUNTY
                              )
         V.                   )
                              )
CHRISTOPHER TODD HARRIS       )

      ****************************************************
                   DEFENDANT APPELLANT‟S BRIEF

      ****************************************************
                        ii


TABLE OF AUTHORITIES . . . . . . . . . . . . . .iv
QUESTIONS PRESENTED . . . . . . . . . . . . . . .1
STATEMENT OF THE CASE . . . . . . . . . . . . . .2
STATEMENT OF THE GROUNDS OF APPELLATE REVIEW . . 3
STATEMENT OF THE FACTS . . . . . . . . . . . . . 3
ARGUMENT

I. THE TRIAL COURT COMMITTED ERROR IN
SENTENCING MR. HARRIS OUTSIDE THE TERMS OF THE
PLEA AGREEMENT AND IN NOT INFORMING MR. HARRIS
THAT HE COULD WITHDRAW HIS GUILTY PLEA IN
VIOLATION OF MR. HARRIS‟S STATE AND FEDERAL
RIGHTS . . . . . 6

II. THE TRIAL COURT COMMITTED ERROR IN
DENYING MR. HARRIS‟S MOTION TO STRIKE HIS
GUILTY PLEA AND IN SENTENCING MR. HARRIS WHERE
THIS MOTION WAS MADE PRIOR TO SENTENCING AND
THE EVIDENCE DEMONSTRATED JUST AND FAIR
REASONS TO ALLOW THIS MOTION AND THIS DENIAL
WAS IN VIOLATION OF MR. HARRIS‟S STATE AND
FEDERAL RIGHTS . . . . . . . . . . . . . . . . 16

CONCLUSION . . . . . . . . . . . . . . . . . . 23
CERTIFICATE OF SERVICE . . . . . . . . . . . . 24
APPENDIX:
     Alamance County Superior Court
     Calendar: 07/05/05 AM Session      App.    1
                        iii


               TABLE OF AUTHORITIES

                      CASES

Financial Services of Raleigh, Inc. v. Barefoot,
  163 N.C. App. 387, 594 S.E.2d 37 (2004) ...... 11

Hartford Accident & Indem. Co. v. Hood, 226 N.C.
  706, 40 S.E.2d 198 (1946) .................... 11

North Carolina v. Alford, 40 U.S. 25, 27 L. Ed.
  2d 162 (1970) ........................ 3, 6, 18-9

Piedmont Bank & Trust Co. v. Stevenson, 79 N.C.
  App. 236, 339 S.E.2d 49 (1986) ............... 11

State v. Alston, 139 N.C. App. 787, 534 S.E.2d
  666 (2000) ................................... 19

State v. Blackwell, 135 N.C. App. 729, 522 S.E.2d
  313 (1999) ................................. 10-1

State v. Canady, 153 N.C. App. 455, 570 S.E.2d
  262 (2002) ................................... 19

State v. Collins, 300 N.C. 142, 265 S.E.2d 172
  (1980) ....................................... 10

State v. Davis, 150 N.C. App. 205, 562 S.E.2d 590
  (2002) ....................................... 19

State v. Deal, 99 N.C. App. 456, 393 S.E.2d 317
  (1990) ....................................... 18

State v. Dickson, 151 N.C. App. 136, 564 S.E.2d
  640 (2002) ............................. 14-5, 22

State v. Fox, 34 N.C. App. 576, 239 S.E.2d 471
  (1977) ....................................... 12

State v. Graham, 122 N.C. App. 635, 471 S.E.2d
  100 (1996) ............................... 18, 19

State v. Handy, 326 N.C. 532, 391 S.E.2d 159
  (1990) ................. 14, 16-7, 18, 19, 20, 21
                        iv


State v. Marshburn, 109 N.C. App. 105, 425 S.E.2d
  715 (1993) ................................... 21

State v. Rhodes, 163 N.C. App. 191, 592 S.E.2d
  731 (2004) ............................... 14, 15

State v. Rodriguez, 111 N.C. App. 141, 431 S.E.2d
  788 (1993) ................................... 12

State v. Russell, 153 N.C. App. 508, 570 S.E.2d
  245 (2002) ............................. 13, 20-1

State v. Sturgill, 121 N.C. App. 629, 469 S.E.2d
  557 (1996) ................................... 10

State v. Suites, 109 N.C. App. 373, 427 S.E.2d
  318 (1993) ............................... 17, 21

State v. Thompson, 349 N.C. 483, 508 S.E.2d 277
  (1998) ........................................ 4

State v. Wall, ___ N.C. App. ___, 605 S.E.2d 204
  (2004) ........................... 13, 14, 17, 19

United States v. Harvey, 791 F.2d 294 (4th Cir.
  1986) ...................................... 10-1

          STATUTES & ADMINSTRATIVE CODES

N.C. GEN. STAT. § 7A-27(b) ....................... 3

N.C. GEN. STAT. § 15A-1024 ...... 13, 14, 15, 17, 21

N.C. GEN. STAT. § 15A-1442 ....................... 3

N.C. GEN. STAT. § 15A-1444(a2) ................... 3

N.C. GEN. STAT. § 15A-1444(e) .... 3, 14, 15, 21, 22

N.C. R. App. Proc. 21(a)(1) ................ 14, 22
                                           1


      No. COA05-656                             FIFTEENTH (B) DISTRICT

                      COURT OF APPEALS OF NORTH CAROLINA

                *******************************************

      STATE OF NORTH CAROLINA          )         FROM ORANGE COUNTY
                                       )
               V.                      )
                                       )
      CHRISTOPHER TODD HARRIS          )

            ****************************************************
                         DEFENDANT APPELLANT‟S BRIEF

            ****************************************************

                                QUESTIONS PRESENTED

 I.     WHETHER THE TRIAL COURT COMMITTED ERROR IN SENTENCING MR.
        HARRIS OUTSIDE THE TERMS OF THE PLEA AGREEMENT AND IN NOT
        INFORMING MR. HARRIS THAT HE COULD WITHDRAW HIS GUILTY PLEA IN
        VIOLATION OF MR. HARRIS‟S STATE AND FEDERAL RIGHTS?

II.     WHETHER THE TRIAL COURT COMMITTED ERROR IN DENYING MR. HARRIS‟
        MOTION TO STRIKE HIS GUILTY PLEA AND SENTENCING MR. HARRIS
        WHERE THIS MOTION WAS MADE PRIOR TO SENTENCING AND THE
        EVIDENCE DEMONSTRATED JUST AND FAIR REASONS TO ALLOW THIS
        MOTION AND THIS DENIAL WAS IN VIOLATION OF MR. HARRIS‟S STATE
        AND FEDERAL RIGHTS?
                                            2


                             STATEMENT OF THE CASE

    On 8 December 2003, the Orange County Grand Jury issued an

indictment        charging     Defendant        Appellant,       Christopher          Todd

Harris, with breaking and entering and a separate three-count

indictment charging Mr. Harris with second-degree kidnapping,

assault by pointing a gun and communicating threats. (Rpp. 11-4)

On 29 January 2004, an assistant district attorney issued 16

misdemeanor       statements       of   charges      against   Mr.     Harris    for   16

counts     of    violating     a    protective        order    and     one    count    of

communicating a threat. (Rpp. 22-37) This case came for a plea

hearing before the Honorable Wade Barber, Jr., Senior Resident

Superior Court Judge presiding, during the 7 June 2004 Criminal

Session of the Superior Court of Orange County. (Rp. 1) Mr.

Harris     entered     a   guilty       plea    to    second-degree          kidnapping,

breaking and entering, assault by pointing a gun, communicating

threats,        and   violating         a   protective        order.    (Rpp.     54-7)

Sentencing was continued and came before the Judge Barber during

the 10 January 2005 Criminal Session of the Superior Court of

Orange County. (Rpp. 1, 58) Judge Barber sentenced Mr. Harris to

23 to 37 months imprisonment. (Rpp. 69-73) That same day, Mr.

Harris entered notice of appeal in open court. (Tp. 35; Rpp. 74-

5) The record on appeal was filed in the Court of Appeals on 18

May 2005, docketed on 20 May 2005, and mailed to the parties on

9 June 2005.
                                          3


           STATEMENT OF THE GROUNDS FOR APPELLATE REVIEW

    Defendant appeals pursuant to N.C. Gen. Stat. §§ 7A-27(b),

15A-1442, and 15A-1444(a2) and (e) from a final judgment of the

Orange County Superior Court.


                          STATEMENT OF THE FACTS

    The evidence presented by the State and the defense at the

hearing   tended    to    show     that       on    1    March    2004,   Defendant

Appellant, Christopher Todd Harris, did not resist a verdict of

guilty in District Court to 16 counts of violating a protective

order and two counts of communicating a threat. (Rpp. 22-42) Mr.

Harris did not resist judgment and entered notice of appeal to

the Superior Court. (Rpp. 22-42; Tp. 10) On 7 June 2004, Mr.

Harris entered a plea of guilty to one count of second-degree

kidnapping, one count of breaking and entering, one count of

assault   by   pointing    a     gun,   three       counts   of   communicating     a

threat, and 16 counts of violating a protective order. (Rpp. 54-

7; Tpp. 11-4) Mr. Harris entered the plea without admitting his

guilt   pursuant   to    North    Carolina         v.   Alford,   40   U.S.   25,   27

L.Ed.2d 162 (1970). (Rp. 54; Tp. 13) The plea was pursuant to an

agreement where the convictions were to be consolidated and Mr.

Harris was to receive a suspended sentence for a Class E Level

II felony. (Rp. 55; Tp. 13) As an intermediate punishment, Mr.

Harris was to serve a six-month active sentence and then be
                                     4


placed on regular probation. (Rp. 55; Tpp. 13-4) Sentencing was

continued until the 17 August 2004 Administrative Session. (Rpp.

55, 58-9; Tpp. 14, 21) Beginning 22 June 2004 until sentencing,

Mr. Harris was to be placed under electronic house arrest. (Rpp.

55, 58, 60; Tp. 14)

    The State summarized the factual basis for the guilty plea

to the underlying case as follows: On 29 May 2003, Mr. Harris

and Ashley Dale McCauley were arrested in Alamance County on

drug charges.1 (Tpp. 14-6) Ms. McCauley was taken into custody

but Mr. Harris escaped. (Tp. 16) After Ms. McCauley was bonded

out on the drug charges, she lived with Mr. Harris and his

family in Myrtle Beach, South Carolina, for about a month and a

half where he assaulted her on at least two occasions. (Tp. 16)

Ms. McCauley returned to Mebane to stay at her parents‟ home.

(Tp. 16) On 19 July 2003, Mr. Harris entered the locked home of

Ms. McCauley‟s parents. (Tpp. 17, 19, 31) He pointed a gun at

her, “told her that she better not rat him out, she better not

turn him in on the drug charges; that if she did she would

regret it; that he would hurt or kill her and her family if she

did that.” (Tp. 17) A couple of weeks later, Mr. Harris was

arrested   after   following   Ms.   McCauley.   (Tpp.   18,   32)   On   6

1
  Those charges against Mr. Harris and Ms. McCauley are still
pending and scheduled for trial in Alamance County Superior
Court. See Appendix. This Court can take judicial notice of the
public records of North Carolina Courts. State v. Thompson, 349
N.C. 483, 497, 508 S.E.2d 277, 296 (1998).
                                                 5


October 2003, a protective order was entered ordering Mr. Harris

to    have    no    contact      with     Ms.    McCauley.         (Tp.    19)       Between     11

October      and    18     November      2003,       Mr.    Harris      left     a    series     of

telephone messages including threats on Ms. McCauley‟s answering

machine. (Tpp. 19-20, 31) Mr. Harris‟ trial counsel stipulated

that there was a factual basis for the plea. (Tp. 21)

       On 10 June 2004, the Trial Court was notified that the

North     Carolina         Department      of        Corrections‟         (DOC)       rules     and

regulations        did     not   permit        them    to    supervise         Mr.    Harris     on

electronic house arrest under the conditions set on 7 June 2004.

(Tpp. 24-5) The Trial Court entered a judgment on one of the

misdemeanor charges that Mr. Harris be imprisoned for 25 days in

the    DOC,    suspended         that    sentence          and   placed        Mr.    Harris     on

supervised         probation       for     three       months.       (Tpp.       25-7)    As      a

condition      of    probation,          Mr.    Harris       was   to     be    placed        under

electronic         house    arrest.       (Tp.       27)    Upon     sentencing         for     the

remaining charges, the 10 June 2004 judgment was to be modified

and   consolidated          with   the     judgment         entered     on      the    remaining

charges. (Tpp. 25, 28)

       Mr. Harris did not report to set up probation in June 2004

and he did not appear in Superior Court in August 2004 for

sentencing. (Tpp. 61-8; Tp. 32) He was arrested on 27 September

2004 for failure to appear and sentenced on 10 January 2005. Mr.
                                        6


Harris moved to withdraw his guilty plea prior to sentencing.

(Tp. 33)

    Additional facts are presented as they are relevant to the

arguments below.


                                    ARGUMENT

   I. THE TRIAL COURT COMMITTED ERROR IN SENTENCING MR. HARRIS
OUTSIDE THE TERMS OF THE PLEA AGREEMENT AND IN NOT INFORMING MR.
HARRIS THAT HE COULD WITHDRAW HIS GUILTY PLEA IN VIOLATION OF
MR. HARRIS’S STATE AND FEDERAL RIGHTS.

           ASSIGNMENT OF ERROR Nos. 2-3
           Rp. 77

    Mr. Harris entered a plea of guilty to one count of second-

degree kidnapping, one count of breaking and entering, one count

of assault by pointing a gun, three counts of communicating a

threat, and 16 counts of violating a protective order. The Trial

Court   imposed     a    sentence    outside     the    terms   of   the   plea

agreement. The Trial Court committed error in not informing Mr.

Harris that he could withdraw his plea at that point.

    Mr.    Harris       entered   his   guilty   plea    pursuant    to    North

Carolina v. Alford, 40 U.S. 25, 27 L.Ed.2d 162 (1970); Rp. 54.

The plea colloquy included the following exchange:

    [THE COURT]: All right. The Court is advised that you
    are entering a plea of guilty because you consider it
    to be in your best interest; is that correct?

    [DEFENDANT]: Yes, sir.

    Q. But you do not acknowledge that you are in fact
    guilty; is that correct?
                                       7



       A. Yes, sir.

Tp. 13.

       The terms of the plea agreement were clearly set out in

writing and accepted by the Trial Court on 7 June 2004. Rpp. 54-

7; Tp. 21. Mr. Harris entered a plea of guilty pursuant to an

agreement where the convictions were to be consolidated and Mr.

Harris was to receive a suspended sentence for a Class E Level

II felony. Rpp. 54-7; Tpp. 11-4. As an intermediate punishment,

Mr. Harris was to serve a six-month active sentence and then be

placed on regular probation. Rp. 55; Tpp. 13-4. Sentencing was

continued until the 17 August 2004 Administrative Session. Rpp.

55, 58-9; Tpp. 14, 21.

       After accepting the guilty plea, the Trial Court cautioned

Mr. Harris as follows:

            THE COURT: All right. All right. Mr. Harris, if
       you don‟t appear in August, your pleas will stand, but
       the plea agreement will go away. Do you understand? In
       other words, the Court could sentence you to much more
       severe punishments. So you must -- you appear in
       August or you will stand to be sentenced to an even --
       to a long active sentence.

Tpp. 23-4.

       Mr. Harris did not appear on 17 August. At the 10 January

2005   sentencing     hearing,   the   Trial   Court   asked   Mr.   Harris‟s

trial attorney about that failure to appear:

            THE COURT: All right. And the agreement was that
       he would have a split sentence, but the Court did not
                                 8


    impose that sentence for the very purpose of being
    able to impose a different sentence if he failed to
    appear. Why did he fail to appear?

         MR. GERDING: Your Honor, I can tell the Court
    that he has been facing for some time now some very
    serious drug-related charges in Alamance County. And I
    know that he has had some fear regarding the
    circumstances surrounding that case. Obviously, he --
    I believe -- had some concern about a prison sentence
    in this case; that those were basically his reasons
    for not appearing in court.

         I can tell you from what Mr. Harris has indicated
    to me he was arrested I think in late August shortly
    after his court date -- I‟m sorry in September, about
    a month after his court date. And he has been in
    Alamance County in custody since the 24th of September.
    I believe the 24th of September.

         THE COURT: All right.

         MR. GERDING: Mr. Harris is still pending those
    charges in Alamance County and has indicated to me
    that he has been attempting to make arrangements to
    participate in some type of drug rehabilitation
    program, whether it‟s the FIRST Program or the TROSA
    Program. And his interest really was to attempt to
    continue doing that before receiving this sentence in
    this case, but understanding obviously that this case
    is on for today.

Tpp. 29-31.

    After receiving a sentencing recommendation from the State,

the following occurred:

         THE COURT: Mr. Harris, is there anything that you
    would say -- like to say?

         DEFENDANT: Yes, sir. I‟m a little confused what‟s
    happening today. Are you about to sentence me?

         THE COURT: Yes, sir. You were called -- you were
    here last June the 7th and entered a plea of guilty.
    And at your request we agreed to delay sentencing in
                             9


your case until in August. And you were to stay on
electronic house arrest then. And then you were to
come in in August to be sentenced. Do you recall that?

    DEFENDANT: Yes, sir.

     THE COURT: All right. And you are free to say
whatever you would like.

     DEFENDANT: I‟m trying to get into a couple of
different   programs.  And   they won‟t   allow  drug
trafficking charges to be allowed, but I‟m getting
that taken care of. And if I get sentenced today,
that‟s going to mess all my chances up for being
there. And I was going to see if I could -- if you
would at least continue it another month so I could
have the people from the rehabs come to court here
with me next month because I‟m under a million dollar
case bond so I can‟t run again.

     Or if you won‟t do that, would you possibly let
me strike and take the trial please.

    THE COURT: All right.

    DEFENDANT: That‟s --

     THE COURT: Mr. Harris, the Court appreciates your
desire to get into a treatment program. The Court
would have -- last August had you come in and been
enrolled in TROSA or whatever, the Court would have
given you every consideration and every opportunity in
that regard. And you didn‟t do that.

     The Court finds that you have entered pleas of
guilty to kidnapping in the second degree, which is a
Class E felony. The Court finds that you are a prior
record level two. The Court also finds that you plead
guilty to assault by pointing a gung, communicating
threats, felonious breaking and entering, and number
communicating threats and violations of -- violation
of 50-B, 50-B.

    MR. WOODALL: Yes, sir.

     THE COURT: Those are consolidated for judgment,
And the Court orders that you be imprisoned for 23 to
                                     10


    28 months in the North Carolina -- wait just a second,
    That‟s a Class E. Twenty-three to thirty-seven months
    in the North Carolina Department of Corrections. And
    how many days credit is he entitled to?

         MR. GERDING: You Honor, he was in custody in
    August of 2003, from August 28th until September 21st.

             THE COURT: 8-28-03?

         MR. GERDING: Until 9-21-03. And then he has been
    in custody in Alamance County. I know that was after
    the order for arrest here was issued this August. So
    I‟m not -- I‟m not sure if the Court would consider
    granting credit for that.

         THE COURT: He was arrested on the Alamance County
    charges and remains under those. No. That credit would
    go to the Alamance County charges. All right. The
    Court recommends drug treatment.

         MR. GERDING: And Mr. Harris has indicated to me
    he would like the give notice of appeal.

             THE COURT: All right.

Tpp. 32-5.

    “[P]rinciples of ordinary contract law (by analogy) and due

process govern the enforcement of promises made in the plea

bargain context.” State v. Sturgill, 121 N.C. App. 629, 637, 469

S.E.2d 557, 562 (1996); State v. Collins, 300 N.C. 142, 148, 265

S.E.2d 172, 176 (1980). Strict adherence to a plea agreement

“„require[s]     holding   the   [State]   to   a   greater   degree   of

responsibility than the defendant (or possibly than would be

either of the parties to commercial contracts) for imprecisions

or ambiguities in plea agreements.‟" State v. Blackwell, 135
                                           11


N.C. App. 729, 731, 522 S.E.2d 313, 315 (1999) (quoting United

States v. Harvey, 791 F.2d 294, 300 (4th Cir. 1986)).

      “Under    North    Carolina     law,      „[w]hen     the   language     of    the

contract is clear and unambiguous, construction of the agreement

is a matter of law for the court[,] and the court cannot look

beyond the terms of the contract to determine the intentions of

the parties.‟" Financial Services of Raleigh, Inc. v. Barefoot,

163   N.C.   App.     387,    395,   594    S.E.2d    37,    42   (2004)      (quoting

Piedmont Bank & Trust Co. v. Stevenson, 79 N.C. App. 236, 240,

339 S.E.2d 49, 52, aff'd per curiam, 317 N.C. 330, 344 S.E.2d

788 (1986)) (internal citations omitted). “Thus, „[i]t must be

presumed the parties intended what the language used clearly

expresses, and the contract must be construed to mean what on

its face it purports to mean.‟" Barefoot, supra, 163 N.C. App.

at 395, 594 S.E.2d at 43 (quoting Hartford Accident & Indem. Co.

v. Hood, 226 N.C. 706, 710, 40 S.E.2d 198, 201 (1946)) (internal

citations omitted).

      The Trial Court‟s 7 June 2004 caution that, “your pleas

will stand, but the plea agreement will go away” was not uttered

until after the plea was accepted. Tp. 23. It was not part of

the plea agreement, or the formal plea colloquy with Mr. Harris.

The terms of the plea itself said nothing about conditionally

departing      from     the     recorded        language     in   the     agreement.

Nonetheless,     the    Trial    Court‟s        understanding     by    the   time    10
                                       12


January 2005 rolled around was that in June “the Court did not

impose that [split] sentence for the very purpose of being able

to   impose   a   different      sentence    if   [Mr.       Harris]    failed       to

appear.” Tp. 30 (emphasis added). This “purpose” was not part of

the plea agreement. Still, because Mr. Harris did not appear in

August   2004,    the    Trial     Court    elected     to    depart        from    the

agreement and sentence Mr. Harris to an active term of 23 to 37

months‟ imprisonment.

      “A plea agreement will be valid if both sides voluntarily

and knowingly fulfill every aspect of the bargain.” State v.

Rodriguez, supra, 111 N.C. App. at 144, 431 S.E.2d at 790. In

not reporting to probationary services and not appearing for

sentencing on 17 August 2004, Mr. Harris did not fulfill every

aspect of his bargain. The State could thus argue that it should

not be bound by its portion of the plea agreement. See State v.

Fox, 34 N.C. App. 576, 579, 239 S.E.2d 471, 473 (1977) (“Where a

defendant     elects    not   to   stand    by    his    portion       of     a    plea

agreement, the State is not bound by its agreement to forego the

greater charge.”). The State, however, did not make the argument

in the lower court that it should not be bound by the agreement.

The State‟s recommendation at the 10 January 2005 sentencing

hearing was for Mr. Harris to be sentenced “to a straight active

period as would be allowed under the plea arrangement and the

agreement that was entered in Court.” Tp. 32. The plea agreement
                                              13


called for a split and not a straight sentence. Furthermore, the

agreement contained no contingency for the failure of either

party to comply. Cf. State v. Russell, 153 N.C. App. 508, 510,

570 S.E.2d 245, 247 (2002) (Defendant‟s sentence consistent with

the    sentencing        statutes       was   also    consistent       with       his     plea

agreement where terms of agreement expressly “stated that if

Defendant refused to testify against his co-defendants the State

had     the     option        of    declaring       the   plea     „null         and    void‟

necessitating a trial, or praying for judgment.”). The sentence

called for by the State and imposed by the Trial Court upon Mr.

Harris was beyond the terms of the plea agreement.

       At the point the Trial Court went beyond the terms of the

agreement, he should have informed Mr. Harris that he could

withdraw his plea:

            If at the time of sentencing, the judge for any
       reason determines to impose a sentence other than
       provided for in a plea arrangement between the
       parties, the judge must inform the defendant of that
       fact and inform the defendant that he may withdraw his
       plea. Upon withdrawal, the defendant is entitled to a
       continuance until the next session of court.

N.C.    Gen.    Stat.     §    15A-1024.      The    language     of   this       statutory

provision is clear and unambiguous and must be given its plain

meaning.       State    v.     Wall,    ___   N.C.    App.      ___,   605       S.E.2d    205

(2004). The Trial Court violated the plain language of N.C. Gen.

Stat.    §     15A-1024       by     imposing      upon   Mr.    Harris      a    different

sentence       from    that        provided   in    his   plea     agreement           without
                                              14


informing       him   of    his    right    to     withdraw        his    guilty    plea    and

affording him an opportunity to do so.

      It   does       not   matter    if    the     reason         why    the   Trial     Court

departed from the plea was due to Mr. Harris‟ failure to comply.

N.C. Gen. Stat. § 15A-1024 provides that: “the judge must inform

the defendant” that the plea may be withdrawn if there is a

sentence deviation from the plea agreement “for any reason.” Id.

(emphasis added). This right to withdraw a plea is true even if

the deviation is a downward departure from that called for in

the   plea      agreement.        State    v.    Wall,    supra.          The   Trial     Court

committed error by imposing a sentence that was beyond the terms

of the plea agreement and failing to comply with N.C. Gen. Stat.

§ 15A-1024. State v. Rhodes, 163 N.C. App. 191, 592 S.E.2d 731

(2004).    The    sentence         that    was     not   in    accord       with    the    plea

agreement should be vacated. The case should be remanded with

instructions to advise Mr. Harris of his right to withdraw his

guilty plea and provide him an opportunity to do so.

      As set out in Argument II, Mr. Harris did make a subsequent

motion to withdraw his guilty plea. Mr. Harris is entitled as a

matter     of   right       to    appellate      review       of    the    denial    of    that

motion. State v. Handy, 326 N.C. 532, 535, 391 S.E.2d 159, 160

(1990); N.C. Gen. Stat. § 15A-1444(e). In the alternative, Mr.

Harris petitions the Court to review this matter by writ of

certiorari as authorized by N.C. R. App. P. 21(a)(1). See State
                                            15


v. Dickson, 151 N.C. App. 136, 564 S.E.2d 640 (2002) (N.C. Gen.

Stat. § 15A-1444(e) does suggest that the defendant, who pleads

guilty and is sentenced in the presumptive range of sentences,

may petition this Court for review of additional matters by writ

of certiorari); State v. Rhodes, supra, 163 N.C. App. at 193-94,

592 S.E.2d at 732-33 (certiorari granted to review Trial Court‟s

error    in    imposing      sentence      inconsistent         with   plea          agreement

without       affording      Defendant     the    opportunity         to    withdraw         his

guilty    plea    where      no   appeal    as    a    matter    of    right).         In    the

interests of judicial economy, this Court could the treat the

notice and this appeal as a writ of certiorari. If this Court

nonetheless rules that there is no right of appeal, Mr. Harris

requests      that   consideration         of    the    merits    of       this      claim    be

deferred without prejudice to his right to file a motion for

appropriate relief in superior court.

       Mr.    Harris‟     convictions      and    sentence       should         be    vacated.

This    case    must    be    remanded     with       instructions         to   advise       Mr.

Harris of his right to withdraw his guilty plea pursuant to N.C.

Gen. Stat. § 15A-1024 and provide him an opportunity to do so.
                                      16


  II. THE TRIAL COURT COMMITTED ERROR IN DENYING MR. HARRIS’
MOTION TO STRIKE HIS GUILTY PLEA AND SENTENCING MR. HARRIS WHERE
THIS MOTION WAS MADE PRIOR TO SENTENCING AND THE EVIDENCE
DEMONSTRATED JUST AND FAIR REASONS TO ALLOW THIS MOTION AND THIS
DENIAL WAS IN VIOLATION OF MR. HARRIS’S STATE AND FEDERAL
RIGHTS.

           ASSIGNMENT OF ERROR Nos. 2-3
           Rp. 77

      As set out in Argument I, the Trial Court committed error

in   failing   to   inform   Mr.   Harris   that   he   could   withdraw   his

guilty plea. Despite that error, Mr. Harris made a subsequent

motion prior to sentencing to withdraw his plea. He requested

that the Trial Court allow him to “strike the plea and take the

trial please.” Tp. 33. The evidence demonstrated fair and just

reasons to allow the withdrawal of the guilty plea. The Trial

Court committed error in denying the motion.

      A “presentence motion to withdraw a guilty plea should be

allowed for any fair and just reason.” State v. Handy, supra,

326 N.C. at 539, 391 S.E.2d at 162. Handy provided the following

guidance for trial courts:

           Some of the factors which favor withdrawal
      include whether the defendant has asserted legal
      innocence, the strength of the State's proffer of
      evidence, the length of time between entry of the
      guilty plea and the desire to change it, and whether
      the accused has had competent counsel at all relevant
      times. Misunderstanding of the consequences of a
      guilty plea, hasty entry, confusion, and coercion are
      also factors for consideration. The State may refute
      the movant's showing by evidence of concrete prejudice
      to its case by reason of the withdrawal of the plea.
      Prejudice to the State is a germane factor against
      granting a motion to withdraw.
                                              17



Id. at 539, 391 S.E.2d at 163 (citations omitted). These factors

are preceded by the word “some” and are not exhaustive. See,

e.g., State v. Wall, supra                (Defendant had right to withdraw

guilty     plea   under     N.C.    Gen.       Stat.      §    15A-1024).          This   Court

conducts an independent review of the denial of such a motion to

withdraw. State v. Handy, supra, 326 N.C. at 539, 391 S.E.2d at

163.

       The Trial Court did not make a ruling based on any of the

factors set out in Handy. Mr. Harris‟ request to “strike” his

plea and proceed to trial was brushed aside. Tpp. 33-4.

       Even though the Trial Court did not make a ruling based on

any of the non-exhaustive Handy factors, the State might still

attempt to argue that none of those factors were a fair and just

reason     for    withdrawal       of    Mr.       Harris‟s         plea.    Most    notably,

counsel represented Mr. Harris when he entered into the plea.

       The State might also point out that there were seven months

between the entry of the guilty plea and the motion to withdraw.

A   fair   and    just     reason       has    been    found         by     this    Court   for

withdrawal despite seven months between the entry of the guilty

plea and the motion to withdraw. State v. Suites, 109 N.C. App.

373, 427 S.E.2d 318 (1993), disc. rev. denied, 33 N.C. 794, 431

S.E.2d 29 (1993). There is no magic number for what length of

time   between     entry    of     the    plea      and       the    motion    to    withdraw
                                            18


precludes a finding of fair and just reason for withdrawal.

Compare   State     v.     Graham,    122   N.C.   App.    635,    471    S.E.2d    100

(1996) (the nearly five weeks between entry of the plea and the

motion    to    withdraw     factor     considered    in   affirming       denial    of

motion to withdraw guilty plea) with State v. Deal, 99 N.C. App.

456, 393 S.E.2d 317 (1990) (fair and just reason for withdrawal

of guilty plea shown even though no attempt to withdraw for over

four months).

      Furthermore, there was no showing that the seven-month gap

was due entirely to the actions of Mr. Harris. While Mr. Harris

did   fail     to   appear    on   17   August     2004,   he     was    arrested   in

September 2004 and remained in custody in the Alamance County

jail until the 10 January 2005 sentencing hearing. Rpp. 63-4;

Tpp. 32, 34. Orange County knew where Mr. Harris was from at

least 27 September 2004 on when its warrants were served by the

Alamance County Sheriff‟s Office. Rpp. 63-4, 67-8. The district

attorney‟s office sets the court calendar. N.C. Gen. Stat. § 7A-

49.4. The State had the authority to bring Mr. Harris over to

Orange County and schedule a sentencing hearing sooner than 10

January 2005.

      The most prominent Handy factor present in this case is Mr.

Harris‟        assertion     of      innocence.      Although      trial     counsel

stipulated that there was a factual basis for the plea, Mr.

Harris entered the plea pursuant to North Carolina v. Alford,
                                         19


supra. Rp. 54; Tp. 13. An “Alford plea” is a legally valid

guilty plea that contains a “protestation of innocence” by the

defendant. Id. 40 U.S. at 37, 27 L.Ed.2d at 171. “A guilty plea

entered pursuant to State v. Alford, 400 U.S. 25, 37, 27 L.Ed.2d

162,     171   (1970),       will   be   upheld     when    (1)      a   defendant

intelligently concludes that his interests require the entry of

a guilty plea and (2) there is strong evidence in the record of

the defendant's actual guilt.” State v. Canady, 153 N.C. App.

455, 457-58, 570 S.E.2d 262, 264 (2002). A defendant, such as

Mr. Harris, enters an Alford plea when he perceives it to be in

his best interest. E.g., State v. Wall, supra; State v. Alston,

139 N.C. App. 787, 792, 534 S.E.2d 666, 669 (2000) (discussing

reasons other than admitting guilt that a defendant may choose

to enter such a plea). Mr. Harris pleaded guilty but maintained

his innocence. Tp. 13. An assertion of innocence might be the

most   fair    and   just    reason   for     withdrawal   of    a   guilty   plea.

Compare State v. Davis, 150 N.C. App. 205, 207, 562 S.E.2d 590

(2002)    (Court     noted    no    concrete    assertion       of   innocence   by

Defendant in affirming denial of motion to withdraw guilty plea)

and State v. Graham, supra, 122 N.C. App. at 637, 471 S.E.2d at

102 (same) with State v. Handy, supra, 326 N.C. at 539, 391

S.E.2d at 163 (Defendant‟s assertion of innocence first factor

noted by Court in finding fair and just reason for withdrawal of

guilty plea). Mr. Harris entered an Alford plea because it was
                                        20


in his best interest to receive the agreed upon split sentence.

It was not in Mr. Harris‟ best interest to receive an active

sentence of 23 to 37 month‟s imprisonment.

    Mr. Harris also advanced another reason for withdrawing his

guilty plea: his attempt to arrange participation in a drug

rehabilitation program. Tpp. 30, 33-4. He was informed that he

could not participate in such a program once he received his

sentence.    This   reason   might      fit   within    the    State    v.   Handy,

supra,    factor    of   misunderstanding       of    the    consequences       of   a

guilty plea. Even if it doesn‟t fit squarely into this factor,

the Handy factors, as noted above, are not exhaustive.

    Any fair and just reasons for Mr. Harris‟ withdrawal of his

guilty    plea   might    have   been   more    fully       stated   had   he    been

afforded an evidentiary hearing on the matter.                       Cf. State v.

Russell, supra, 153 N.C. App. at 510 n.1, 570 S.E.2d at 247

(Court did not address whether error in lower court‟s failure to

conduct     evidentiary    hearing      prior    to    entering       judgment       to

determine if Defendant had any fair and just reason to withdraw

his plea because Defendant made no motion before sentence was

entered). The opportunity for such a hearing was denied first by

the Trial Court‟s failure to inform Mr. Harris of his right to

withdraw his guilty plea and then when the Trial Court brushed

aside Mr. Harris‟ attempt to withdraw the plea. As in Russell,

supra, there was no objection in the lower court to a lack of a
                                            21


hearing. Unlike Russell, Mr. Harris was entitled to withdraw his

plea    pursuant         N.C.   Gen.    Stat.    §     15A-1024.    The   lack   of    an

evidentiary hearing was part and parcel of the failure of the

Trial Court to comply with N.C. Gen. Stat. § 15A-1024. This case

should be remanded so that a full evidentiary hearing on the

reasons for withdrawal can be held.

       Because the Trial Court did not make a ruling based on any

of the factors set out in State v. Handy, the State was not

required to and did not make a showing of prejudice. There is

nothing       in   the    record    that   would       support     an   argument      that

allowing Mr. Harris to withdraw his guilty plea would cause

prejudice to the State. Any argument advanced now on appeal by

the State would be speculative. To be “germane” to the State‟s

argument against withdrawal, prejudice must be “concrete.” Id.

at     539,    391     S.E.2d      at   163.     The    prejudice       must   also    be

substantial. State v. Suites, supra, 109 N.C. App. at 375, 427

S.E.2d 318 at, 320; State v. Marshburn, 109 N.C. App. 105, 108,

425 S1.E.2d 715, 718 (1993). An evidentiary hearing in superior

court would be the proper forum for the State to make a showing

of any prejudice.

       Mr. Harris is entitled as a matter of right to appellate

review of the denial of his motion to withdraw his guilty plea.

State v. Handy, supra, 326 N.C. at 535, 391 S.E.2d at 160; N.C.

Gen.    Stat.      §     15A-1444(e).      In    the     alternative,      Mr.   Harris
                                              22


petitions the Court to review this matter by writ of certiorari

as authorized by N.C. R. App. P. 21(a)(1). See State v. Dickson,

supra, 151 N.C. App. at 137-38, 564 S.E.2d at 640 (N.C. Gen.

Stat. § 15A-1444(e) does suggest that the defendant, who pleads

guilty and is sentenced in the presumptive range of sentences,

may petition this Court for review of additional matters by writ

of certiorari). In the interests of judicial economy, this Court

could    the    treat      the    notice      and    this   appeal      as   a   writ   of

certiorari. If this Court nonetheless rules that there is no

right of appeal, Mr. Harris requests that consideration of the

merits of this claim be deferred without prejudice to his right

to file a motion for appropriate relief in superior court.

    This       Court       should     consider       Mr.    Harris‟      assertion      of

innocence      and   the    change       in   sentence      in   determining     whether

there was a fair and just reason to grant Mr. Harris‟s motion to

withdraw    his      guilty      plea.      Mr.    Harris   should      be   allowed    to

withdraw his plea of guilty and his convictions and sentence

should    be    vacated.         In   the     alternative,       this   case     must   be

remanded so that a full evidentiary hearing on the reasons for

withdrawal can be held.
                                   23


                             CONCLUSION

    For   all   the   foregoing   reasons,   Mr.   Harris   respectfully

requests that this Court remand this case with instructions to

allow his motion to withdraw his guilty plea, and to proceed

appropriately thereafter. Alternately, Mr. Harris requests that

he be granted a new sentencing hearing or an evidentiary hearing

on the reasons for withdrawal of the guilty plea.

    Respectfully submitted this the 5 day of July 2005.




                                  1818 Martin Luther King, Jr. Blvd.
                                  Suite 146
                                  Chapel Hill, North Carolina 27514
                                  N.C. State Bar No. 20860
                                  (919) 593-0782
                                  ABTigerLaw@earthlink.net

                                  ATTORNEY FOR DEFENDANT APPELLANT
                                  CHRISTOPHER TODD HARRIS
                               24


                  CERTIFICATE OF FILING AND SERVICE

     The   undersigned  hereby  certifies  that  the  original
Defendant Appellant‟s Brief has been filed pursuant to Rule 26
by electronic means with the Clerk of the North Carolina Court
of Appeals.

     The undersigned further certifies that the foregoing
Defendant Appellant‟s Brief has been served upon Ms. Elizabeth
F.   Parsons,   Assistant  Attorney   General,   North  Carolina
Department of Justice, Correction Section, P.O. Box 629,
Raleigh, North Carolina 27602-0629, by depositing a copy,
contained   in   a  first-class-postage-paid   wrapper, into   a
depository under the exclusive care and custody of the United
States Postal Services.

    This the 5 day of July 2005.




                             ATTORNEY FOR DEFENDANT APPELLANT
            Table of Contents for Appendix

Appendix Pages                              Appearing in
                                            brief at

1-19             Alamance County Superior
                 Court Calendar: 07/05/05
                 AM Session                      4, fn. 1
                                                   1

RUN DATE: 06/03/05                                                                  PAGE:     1
                                 IN THE GENERAL COURT OF JUSTICE
    LOCATION: GRAHAM, N.C.           SUPERIOR COURT DIVISION             COUNTY OF ALAMANCE

              COURT DATE: 07/05/05           TIME: 10:00 AM            COURTROOM NUMBER: SUCR

                             SUPERIOR COURT, TRIAL CALENDAR

                         JUDGE PRESIDING    :   HONORABLE JAMES C. SPENCER
                         COURTROOM CLERK    :   CAROL MADKINS
                         PROSECUTOR         :   ROBERT F. JOHNSON
                         ASST. DA           :   ROBERT T. THOMPSON
                         ASST. DA           :   LORI GOINS
                                            :
                                            :

    NO.   FILE NUMBER DEFENDANT NAME                                                        CONT

************************************************************************************

    001 03 CRS 054760 HARRIS,CHRISTOPHER,TODD      APT.: COX,JOHN                ADA: RTT
        TB: 102003 BOND: $1,000,000 CSH
        (F)FELONY POSSESSION MARIJUANA      BYRD,T              MPD
        CLS:I P:    L:     PLEA:       VER:                  JUDGMENT:



          (F)PWISD MARIJUANA
          CLS:I P:    L:     PLEA:         VER:                    JUDGMENT:



          (F)MANUFACTURE MARIJUANA
          CLS:I P:    L:     PLEA:         VER:                    JUDGMENT:



    002 03 CRS 054761 HARRIS,CHRISTOPHER,TODD     APT.: COX,JOHN                 ADA: RTT
        TB: 102003 BOND:          $1 SEC
        (F)TRAFFICKING IN COCAINE          BYRD,T              MPD
        CLS:   P:   L:     PLEA:      VER:                  JUDGMENT:



          (F)PWISD COCAINE
          CLS:H P:    L:     PLEA:         VER:                    JUDGMENT:



          (F)CONSPIRE TO TRAFFIC IN COCAINE
          CLS:   P:   L:     PLEA:      VER:                       JUDGMENT:




             SUPERIOR COURT, TRIAL C         PAGE:         1           07/05/05 10:00 AM SUCR 2
1                        SUPERIOR COURT CALENDAR               PAGE:      2
                                             2


           COURT DATE: 07/05/05         TIME: 10:00 AM     COURTROOM NUMBER: SUCR

 NO.   FILE NUMBER DEFENDANT NAME                                                CONT

************************************************************************************

 003 03 CRS 054763 HARRIS,CHRISTOPHER,TODD     APT.: COX,JOHN         ADA: RTT
     TB: 102003 BOND:           $1 SEC
     (F)TRAFFICKING IN MDA/MDMA          BYRD,T             MPD
     CLS:   P:   L:     PLEA:       VER:                 JUDGMENT:



       (F)CONSPIRE TRAFFIC MDA/MDMA
       CLS:   P:   L:     PLEA:       VER:               JUDGMENT:



       (M)RESISTING PUBLIC OFFICER
       CLS:2 P:    L:     PLEA:       VER:               JUDGMENT:



 004 03 CRS 054758 MCCAULEY,ASHLEY,DALE        ATTY: WHITTED,KEITH    ADA: RTT
     TB: 062303 BOND:     $25,000 SEC
     (F)TRAFFICKING IN COCAINE          BYRD,T              MPD
                                        POOLE,B             MPD
                                        CALDWELL,T          MPD
     CLS:   P:   L:     PLEA:      VER:                  JUDGMENT:



       (F)PWIMSD COCAINE
       CLS:H P:    L:      PLEA:      VER:               JUDGMENT:



       (F)CONSPIRE TO TRAFFIC IN COCAINE
       CLS:   P:   L:     PLEA:      VER:                JUDGMENT:



 005 03 CRS 054762 MCCAULEY,ASHLEY,DALE         ATTY: WHITTED,KEITH   ADA: RTT
     TB: 062303 BOND:          $1 SEC
     (F)FELONY POSSESSION MARIJUANA      BYRD,T              MPD
     CLS:I P:    L:     PLEA:       VER:                  JUDGMENT:



       (F)PWISD MARIJUANA
       CLS:I P:    L:     PLEA:       VER:               JUDGMENT:



       (F)MANUFACTURE MARIJUANA
       CLS:I P:    L:     PLEA:       VER:               JUDGMENT:
                                                3


             SUPERIOR COURT, TRIAL C         PAGE:      2             07/05/05 10:00 AM SUCR 2
1                        SUPERIOR COURT CALENDAR              PAGE:      3

              COURT DATE: 07/05/05        TIME: 10:00 AM              COURTROOM NUMBER: SUCR

    NO.    FILE NUMBER DEFENDANT NAME                                                      CONT

************************************************************************************

    006 04 CRS 056099 COOK,RICHARD,DANIEL            ATTY: DAWSON,ALEX,III      ADA: RTT
        TB: 092704 BOND:     $40,000 SEC
        (F)STAT RAPE/SEX OFFN DEF >=6YR         ENOCH,MICHAEL          SFF
                                                PETERS,HEATHER
          CLS:B1 P:    L:    PLEA:      VER:                      JUDGMENT:



          (F)SEX OFFENSE - PARENTAL ROLE
          CLS:E P:    L:     PLEA:       VER:                     JUDGMENT:



    007 04 CRS 056297 COOK,RICHARD,DANIEL            ATTY: DAWSON,ALEX,III      ADA: RTT
        TB: 092704 BOND:      $2,000 SEC
        (F)FIRST DEGREE SEX OFFENSE CHILD       ENOCH,MICHAEL        SFF
        CLS:B1 P:   L:     PLEA:      VER:                        JUDGMENT:



          (F)SEX OFFENSE - PARENTAL ROLE
          CLS:E P:    L:     PLEA:      VER:                      JUDGMENT:



    008 04 CRS 060478 MAHALEY,JASON,SMITH            ATTY: CHAMPION,RICK        ADA: RTT
        TB: 012405 BOND:     $75,000 SEC
        (F)BURNING OF A SCHOOL HOUSE            SHELDON,S,R        GPD
                                                WALL,RONNIE
                                                TROLLINGER,SARAH
                                                WILLIAMS,SGT       GPD
                                                ISLEY,JASON        GPD
          CLS:F   P:   L:    PLEA:      VER:                    JUDGMENT:



    009 04 CRS 060117 LEA,DWAYNE,SHERMAN             APT.: SMITH,TODD           ADA: LG
        TB: 021405 BOND:      $2,000 SEC
        (F)FELONY POSSESSION OF COCAINE         CRAIN,C              SFF
                                                WILBORN,R,L          SFF
          CLS:I   P:   L:    PLEA:      VER:                      JUDGMENT:



          (M)POSSESS DRUG PARAPHERNALIA
          CLS:1 P:    L:     PLEA:      VER:                      JUDGMENT:
                                               4



          (M)POSSESS MARIJUANA UP TO 1/2 OZ
          CLS:3 P:    L:     PLEA:      VER:                     JUDGMENT:


             SUPERIOR COURT, TRIAL C         PAGE:     3             07/05/05 10:00 AM SUCR 2
1                        SUPERIOR COURT CALENDAR             PAGE:      4

              COURT DATE: 07/05/05        TIME: 10:00 AM             COURTROOM NUMBER: SUCR

    NO.   FILE NUMBER DEFENDANT NAME                                                     CONT

************************************************************************************

    010 04 CRS 060118 LEA,DWAYNE,SHERMAN             APT.: SMITH,TODD          ADA: LG
        TB: 021405 BOND:          $1 SEC
        (F)MAINTN VEH/DWELL/PLACE CS (F)       CRAIN,C              SFF
                                               WILBORN,R,L          SFF
          CLS:I   P:   L:    PLEA:      VER:                     JUDGMENT:



    011 00 CRS 053579 PAYLOR,MARTHA,DARLINE       ATTY: WHITE,OCTAVIS          ADA: LG
        AP: 021202 BOND:        $200 CSH
        (T)DRIVING WHILE IMPAIRED           WILLIAMS,G         SHP                  9583864
                           PLEA:      VER:                  JUDGMENT:



    012 04 CRS 060932 WATSON,REGINALD,KEITH,SR    ATTY: STERNBERG,FRED         ADA: LG
            AKA: WATSON,REGINALD,KEIT
        AP: 020905 BOND:              WPA
        (M)SIMPLE ASSAULT                   CUBINO,D           SFF
                                            WATSON,LAURIE,A
                                            MOSER,L            SFF
                                            STARR,K            SFF
                                            FARRIS,D           SFF
                                            DUNN,H             SFF
                                            SHELDON,A          SFF
                                            YANCEY,M           BPD
                                            JIBBEN,SIGNE,R
                                            BRONDY,MICHELLE
        CLS:2 P:    L:     PLEA:       VER:                 JUDGMENT:



    013 04 CRS 060806    MEBANE,HAROLD,JEROME       ATTY: HUNT/WHITE           ADA: LG
                         ******** DEFENDANT NEEDS TO BE FINGERPRINTED
          TB: 010305 BOND:      $1,500 SEC
          (F)HABITUAL IMPAIRED DRIVING        APPLE,C,L          BPD                C5343091
          CLS:F P:    L:     PLEA:      VER:                  JUDGMENT:



    014 04 CRS 060807 MEBANE,HAROLD,JEROME           ATTY: WAIVED              ADA: LG
        TB: 030705 BOND:         $1 SEC
                                               5

          (T)DWLR                              APPLE,C,L          BPD             C5343092
          CLS:1 P:    L:     PLEA:      VER:                   JUDGMENT:




             SUPERIOR COURT, TRIAL C         PAGE:     4           07/05/05 10:00 AM SUCR 2
1                        SUPERIOR COURT CALENDAR           PAGE:      5

              COURT DATE: 07/05/05        TIME: 10:00 AM           COURTROOM NUMBER: SUCR

    NO.    FILE NUMBER DEFENDANT NAME                                                    CONT

************************************************************************************

    015 05 CRS 050654 PELLETIER,GARY,ALPHONSE    APT.: WATKINS,CHRIS         ADA: RTT
        TB: 032805 BOND:     $15,000 SEC
        (F)FAIL REGISTER SEX OFFENDER(F)   BALDWIN,B,E        SFF
        CLS:F P:    L:     PLEA:      VER:                 JUDGMENT:



    016 05 CRS 051351 PELLETIER,GARY,ALPHONSE    APT.: WATKINS,CHRIS         ADA: RTT
        TB: 032805 BOND:      $1,000 SEC
        (M)DISSEM MTRL/PERFORM HARMFL MIN  BALDWIN,B,E        SFF
        CLS:1 P:    L:     PLEA:      VER:                 JUDGMENT:



          (M)ASSAULT ON A CHILD UNDER 12
          CLS:A1 P:   L:     PLEA:      VER:                   JUDGMENT:



          (M)DISSEM MTRL/PERFORM HARMFL MIN
          CLS:1 P:    L:     PLEA:      VER:                   JUDGMENT:



    017 04 CRS 056927    INGRAM,SPENCER,DALLAS       ATTY: HUNT/WHITE         ADA: RTT
                         ******** DEFENDANT NEEDS TO BE FINGERPRINTED
          TB: 110804 BOND:             WPA
          (F)FORGERY OF INSTRUMENT             SNOW,J,W           BPD
                                               DENNY,ANN
                                               POORE,JAMES K
          CLS:I P:    L:     PLEA:      VER:                   JUDGMENT:



          (F)OBTAIN PROPERTY FALSE PRETENSE
          CLS:H P:    L:     PLEA:      VER:                   JUDGMENT:



    018 04 CRS 054415 MEDLEY,BRIAN,KEITH             APT.: WATKINS,CHRIS      ADA: RTT
        TB: 032805 BOND:     $25,000 SEC
        (F)POSSESSION OF FIREARM BY FELON      HENDERSON,E,H        BPD
                                                6

                                                MARTIN,MATTHEW
                                                HALL,OFFICER          BPD
          CLS:G   P:   L:    PLEA:       VER:                      JUDGMENT:




             SUPERIOR COURT, TRIAL C         PAGE:      5            07/05/05 10:00 AM SUCR 2
1                        SUPERIOR COURT CALENDAR            PAGE:       6

              COURT DATE: 07/05/05         TIME: 10:00 AM            COURTROOM NUMBER: SUCR

    NO.   FILE NUMBER DEFENDANT NAME                                                      CONT

************************************************************************************

    019 04 CRS 054416 MEDLEY,BRIAN,KEITH             APT.: WATKINS,CHRIS       ADA: RTT
        TB: 062104 BOND:          $1 SEC
        (M)ASSAULT BY POINTING A GUN            HENDERSON,E,H      BPD
                                                MARTIN,MATTHEW,O'N
          CLS:A1 P:    L:    PLEA:       VER:                   JUDGMENT:



          (M)COMMUNICATING THREATS
          CLS:1 P:    L:     PLEA:       VER:                      JUDGMENT:



    020 04 CRS 058764 POOLE,COURTNEY,NOEL            APT.: COLLINS,ROBERT      ADA: RTT
        TB: 110804 BOND:     $10,000 SEC
        (F)AWDW SERIOUS INJURY                  CROSTIC,B,A           BPD
                                                MANESS,L              BPD
                                                POOLE,MONROE
                                                HERBIN,TRESSA
                                                STARLING,ASHLEY
                                                BOWES,TRACY
          CLS:E   P:   L:    PLEA:       VER:                      JUDGMENT:



    021 04 CRS 050628 TEODORO,JUAN,MANUEL            ATTY: DAWSON,ALEX,III     ADA: LG
        AP: 012405 BOND:        $500 CSH
        (T)DRIVING WHILE IMPAIRED               JONES,A,M             BPD           C3983820
                           PLEA:      VER:                         JUDGMENT:



    022 04 CRS 057803 ENOCH,WALLY,LEE,JR             APT.: CHAMPION,RICK        ADA: LG
        TB: 092704 BOND:      $2,000 SEC
        (F)FELONY POSSESSION OF COCAINE         WESTMORELAND,B,D      GPD
                                                WILLIAMS,SGT          GPD
          CLS:I   P:   L:    PLEA:       VER:                      JUDGMENT:



          (M)CARRYING CONCEALED GUN(M)
                                                 7

          CLS:2   P:   L:    PLEA:        VER:                    JUDGMENT:



    023 04 CRS 026643 CRAYTON,ROBERT,JOSEPH       APT.: DAWSON,ALEXANDER ADA: LG
        AP: 031605 BOND:      $1,000 SEC
        (I)EXPIRED/NO INSPECTION STICKER    MILLER,J           SHP           3104973
                           PLEA:      VER:                  JUDGMENT:


             SUPERIOR COURT, TRIAL C         PAGE:       6            07/05/05 10:00 AM SUCR 2
1                        SUPERIOR COURT CALENDAR              PAGE:      7

              COURT DATE: 07/05/05          TIME: 10:00 AM            COURTROOM NUMBER: SUCR

    NO.   FILE NUMBER DEFENDANT NAME                                                       CONT

************************************************************************************

    023 04 CRS 026643       (CONTINUED)               APT.: DAWSON,ALEXANDER ADA: LG



          (T)DWLR
          CLS:1 P:     L:    PLEA:        VER:                    JUDGMENT:



    025 04 CRS 011866 PICKERING,MALTEENEY,JR     APT.: WATKINS,CHRISTOP ADA: LG
        AP: 120804
        (T)DWLR                            COUNCILMAN,K       SHP           2881235
        CLS:1 P:    L:    PLEA:      VER:                  JUDGMENT:



    026 04 CRS 059065 SNIPES,JAMES,ARTIS              APT.: DAWSON,ALEX,III     ADA: RTT
        TB: 112904 BOND:      $2,500 SEC
        (F)OBTAIN PROPERTY FALSE PRETENSE        WALTERS,J,D
                                                 ALSTON,PHYLLIS
                                                 SMITH,GWEN
          CLS:H   P:   L:    PLEA:        VER:                    JUDGMENT:



    027 04 CRS 055431 WHITTED,CHRIS,DAVIS             APT.: THOMPSON,CRAIG      ADA: RTT
        TB: 090704 BOND:     $10,000 SEC
        (F)FELONY POSSESSION OF COCAINE          MAJORS,D,E          BPD
        CLS:I P:    L:     PLEA:      VER:                        JUDGMENT:



          (F)ALTER/STEAL/DEST CRIMINAL EVID
          CLS:I P:    L:     PLEA:      VER:                      JUDGMENT:



          (M)RESISTING PUBLIC OFFICER
                                                    8

          CLS:2   P:   L:       PLEA:      VER:                      JUDGMENT:



    028 04 CRS 021787 WHITTED,CHRIS,DAVIS        APT.: THOMPSON,CRAIG              ADA: RTT
            AKA: WHITTED,CHRIS,SANDER
                       ******** DEFENDANT NEEDS TO BE FINGERPRINTED
        TB: 092704
        (F)HABITUAL FELON                  MAJORS,D           BPD
        CLS:C P:    L:     PLEA:      VER:                 JUDGMENT:



             SUPERIOR COURT, TRIAL C         PAGE:          7            07/05/05 10:00 AM SUCR 2
1                        SUPERIOR COURT CALENDAR                 PAGE:      8

              COURT DATE: 07/05/05              TIME: 10:00 AM           COURTROOM NUMBER: SUCR

    NO.   FILE NUMBER DEFENDANT NAME                                                          CONT

************************************************************************************

    029 04 CRS 021788 WHITTED,CHRIS,DAVIS        APT.: THOMPSON,CRAIG              ADA: RTT
            AKA: WHITTED,CHRIS,SANDER
                       ******** DEFENDANT NEEDS TO BE FINGERPRINTED
        TB: 092704
        (F)HABITUAL FELON                  MAJORS,D           BPD
        CLS:C P:    L:     PLEA:      VER:                 JUDGMENT:



    030 04 CRS 057841 BAKER,ALANA,DAVIS                  ATTY: DILELLO,ANTHONY     ADA: RTT
        TB: 092704 BOND:         $1 SEC
        (F)CRIME AGAINST NATURE                     RICHARDSON,J,L      SFF
                                                    PUTNAM,RICK         SFF
                                                    TOBIN,MIKE          ALE
                                                    IRWIN,BRIAN         ALE
                                                    BECKOM,RODNEY       ALE
                                                    POOLE,AGENT         ALE
                                                    FROST,J             GPD
                                                    HEDGEPETH,MO        GPD
                                                    RAY,SAM             GPD
          CLS:I   P:   L:       PLEA:      VER:                      JUDGMENT:



          (F)PWIS/D KLONOPIN-SCH IV
          CLS:   P:   L:     PLEA:         VER:                      JUDGMENT:



          (F)DELIVER KLONOPIN-SCH IV
          CLS:   P:   L:     PLEA:         VER:                      JUDGMENT:



    031 04 CRS 057842       BAKER,ALANA,DAVIS            ATTY: DILELLO,ANTHONY     ADA: RTT
                                               9

          TB: 092704 BOND:      $2,500 SEC
          (M)MAINTN VEH/DWELL/PLACE CS (M)     RICHARDSON,J,L      SFF
          CLS:1 P:    L:     PLEA:      VER:                    JUDGMENT:




             SUPERIOR COURT, TRIAL C         PAGE:     8           07/05/05 10:00 AM SUCR 2
1                        SUPERIOR COURT CALENDAR           PAGE:      9

              COURT DATE: 07/05/05        TIME: 10:00 AM           COURTROOM NUMBER: SUCR

    NO.   FILE NUMBER DEFENDANT NAME                                                    CONT

************************************************************************************

    032 04 CRS 057839 MCCRACKEN,KAREN,KATHLEEN   ATTY: DILELLO,ANTHONY       ADA: RTT
        TB: 092704 BOND:            WPA
        (F)PWIS/D XANAX-SCH IV             RICHARDSON,J,L     SFF
                                           PUTNAM,RICK        SFF
                                           TOBIN,MIKE         ALE
                                           IRWIN,BRIAN        ALE
                                           BECKOM,RODNEY      ALE
                                           POOLE,AGENT        ALE
                                           FROST,J            GPD
                                           HEDGEPETH,MO       GPD
                                           RAY,SAM            GPD
        CLS:   P:   L:     PLEA:     VER:                  JUDGMENT:



          (F)PWIS/D KLONOPIN-SCH IV
          CLS:   P:   L:     PLEA:      VER:                    JUDGMENT:



    033 04 CRS 057840 MCCRACKEN,KAREN,KATHLEEN   ATTY: DILELLO,ANTHONY       ADA: RTT
        TB: 092704 BOND:      $5,000 SEC
        (F)DELIVER KLONOPIN-SCH IV         RICHARDSON,J,L     SFF
        CLS:   P:   L:     PLEA:      VER:                 JUDGMENT:



          (F)DELIVER XANAX-SCH IV
          CLS:   P:   L:     PLEA:      VER:                    JUDGMENT:



    034 04 CRS 053991 CADDELL,ALBERT,LEE             APT.: CARLOS,AARON       ADA: LG
        AP: 090904 BOND:       $200 SEC
        (M)MISDEMEANOR LARCENY                 COZART,ADAM,R      BPD
                                               J. LEWIS/K-MART SU
                                               LONG,T             BPD
          CLS:1   P:   L:    PLEA:      VER:                   JUDGMENT:
                                               10

    035 04 CRS 010826 BRAMMER,RHONDA,LYNN            APT.: STEELE,ROBERT      ADA: LG
        AP: 122204 BOND:       $250 CSH
        (M)MISDEMEANOR LARCENY                 PARKER,J           BPD              C3983588
                                               THOMAS STUCKEY FOR
          CLS:1   P:   L:    PLEA:      VER:                   JUDGMENT:




             SUPERIOR COURT, TRIAL C         PAGE:     9            07/05/05 10:00 AM SUCR 2
1                        SUPERIOR COURT CALENDAR            PAGE:     10

              COURT DATE: 07/05/05        TIME: 10:00 AM            COURTROOM NUMBER: SUCR

    NO.   FILE NUMBER DEFENDANT NAME                                                     CONT

************************************************************************************

    036 04 CRS 059107 LEACH,DONNA,WEBSTER            ATTY: WAIVED             ADA: LG
        AP: 012405 BOND:     $1,000 SEC
        (T)DWLR                                JONES,A,M           BPD             C4226050
        CLS:1 P:    L:    PLEA:      VER:                       JUDGMENT:



    037 04 CRS 058203 SHEREN,THOMAS,OLIN             ATTY: SMITH,TODD          ADA: LG
        AP: 011105 BOND:       $500 SEC
        (I)SPEEDING               054/45       MASSEY,J,L          BPD             C4957529
                          PLEA:      VER:                       JUDGMENT:



          (T)DWLR
          CLS:1 P:     L:    PLEA:      VER:                    JUDGMENT:



    038 04 CRS 058204 SHEREN,THOMAS,OLIN             ATTY: SMITH,TODD         ADA: LG
        AP: 011105 BOND:          $1 SEC
        (I)EXPIRED/NO INSPECTION STICKER       MASSEY,J,L          BPD             C4957530
                           PLEA:      VER:                      JUDGMENT:



          (T)OPERATE VEH NO INS
          CLS:1 P:    L:     PLEA:      VER:                    JUDGMENT:



    039 04 CRS 060280 MADREN,JUSTIN,SHANE            ATTY: MCENTIRE,MITCHEL ADA: RTT
        TB: 012405 BOND:     $20,000 SEC
        (F)BREAKING AND OR ENTERING (F)        PAYNE,J            SFF
                                               GRANT,DAVID        SFF
                                               PARTS,SOUTHERN AUT
                                               EVANS,LT           SFF
                                               BROWN,CAPT.        SFF
          CLS:H   P:   L:    PLEA:      VER:                   JUDGMENT:
                                                11




          (F)LARCENY AFTER BREAK/ENTER
          CLS:H P:    L:     PLEA:       VER:                   JUDGMENT:



          (M)INJURY TO REAL PROPERTY
          CLS:1 P:    L:     PLEA:       VER:                   JUDGMENT:


             SUPERIOR COURT, TRIAL C         PAGE:    10            07/05/05 10:00 AM SUCR 2
1                        SUPERIOR COURT CALENDAR            PAGE:     11

              COURT DATE: 07/05/05         TIME: 10:00 AM           COURTROOM NUMBER: SUCR

    NO.   FILE NUMBER DEFENDANT NAME                                                     CONT

************************************************************************************

    040 04 CRS 059665 MARTIN,MARY,HODGES             APT.: HARRIS,REBECCA     ADA: RTT
        TB: 012405 BOND:      $2,000 SEC
        (F)POSS 5+ COUNTERFEIT INSTRUMENT       JONES,A,M            BPD
                                                JOCHUM,JACKI
                                                LAW,STEPHANIE
          CLS:G   P:   L:     PLEA:      VER:                   JUDGMENT:



          (F)UTTERING FORGED INSTRUMENT
          CLS:I P:    L:     PLEA:      VER:                    JUDGMENT:



    041 04 CRS 052695 SMITH,MICHAEL,ANTOINE       APT.: WATKINS,CHRISTOP ADA: RTT
        TB: 041904 BOND:      $1,000 SEC
        (F)HABITUAL IMPAIRED DRIVING        SOMERS,T,L         BPD
        CLS:F P:    L:     PLEA:      VER:                  JUDGMENT:



    042 03 CRS 054201 SOTIR,ALEXIS,MICHAEL       ATTY: WHITE,OCTAVIS          ADA: RTT
        TB: 062303 BOND:      $1,000 SEC OFA: Y
        (F)PWISD MARIJUANA                 PERRY,J,J
        CLS:I P:    L:     PLEA:      VER:                 JUDGMENT:



          (F)SELL MARIJUANA
          CLS:H P:    L:      PLEA:      VER:                   JUDGMENT:



    043 02 CRS 059726 RIMMER,BRADFORD,THOMAS     ATTY: HUNT/WHITE             ADA: LG
        AP: 011305 BOND:            CUS
        (T)DRIVING WHILE IMPAIRED          METTERS,J,R        BPD                  C2853745
                                                12

                             PLEA:       VER:                    JUDGMENT:



    044 04 CRS 027012 MARTIN,NATALIA,TONAE       ATTY: WAIVED                  ADA: LG
        AP: 021705
        (M)SIMPLE AFFRAY                   PERRY,S,C          SFF                   C3327095
                                           WILLIAMSON,SHERREL
                                           HAYES,JOANNE
                                           FOSOLD,ED
        CLS:2 P:    L:    PLEA:      VER:                  JUDGMENT:




            SUPERIOR COURT, TRIAL C         PAGE:      11            07/05/05 10:00 AM SUCR 2
1                       SUPERIOR COURT CALENDAR              PAGE:     12

             COURT DATE: 07/05/05         TIME: 10:00 AM             COURTROOM NUMBER: SUCR

    NO.   FILE NUMBER DEFENDANT NAME                                                      CONT

************************************************************************************

    045 04 CRS 058737    LOYD,SHERRY,GUTHRIE       APT.: REMINGTON,DAVID        ADA: LG
                         ******** DEFENDANT NEEDS TO BE FINGERPRINTED
          TB: 112904 BOND:      $6,000 SEC
          (F)BREAK OR ENTER A MOTOR VEHICLE  TUGGLE,M,E         SFF
                                             TAYLOR,JOHN
                                             TORIAN,JOHN
          CLS:I P:    L:     PLEA:      VER:                 JUDGMENT:



          (F)BREAK OR ENTER A MOTOR VEHICLE
          CLS:I P:    L:     PLEA:      VER:                     JUDGMENT:



          (M)POSSESS DRUG PARAPHERNALIA
          CLS:1 P:    L:     PLEA:      VER:                     JUDGMENT:



    046 04 CRS 058742 LOYD,SHERRY,GUTHRIE            APT.: REMINGTON,DAVID     ADA: LG
        TB: 112904 BOND:         $1 SEC
        (M)MISDEMEANOR LARCENY                  TUGGLE,M,E          SFF
        CLS:1 P:    L:     PLEA:     VER:                        JUDGMENT:



          (F)FELONY POSSESSION OF COCAINE
          CLS:I P:    L:     PLEA:      VER:                     JUDGMENT:



    047 03 CRS 059754   DOSS,BARRY,LEE               ATTY: WAIVED              ADA: LG
                                               13

          AP: 083104 BOND:      $1,000 SEC
          (T)DRIVING WHILE IMPAIRED            FORT,R,E             SHP             2661011
                             PLEA:      VER:                     JUDGMENT:



    048 03 CRS 059755 DOSS,BARRY,LEE                 ATTY: THOMPSON,CRAIG       ADA: LG
        AP: 083104 BOND:          $1 SEC
        (M)POSSESS MARIJUANA UP TO 1/2 OZ      FORT,R               SHP             2661012
        CLS:3 P:    L:     PLEA:      VER:                       JUDGMENT:



          (M)POSSESS DRUG PARAPHERNALIA
          CLS:1 P:    L:     PLEA:      VER:                    JUDGMENT:



             SUPERIOR COURT, TRIAL C         PAGE:      12           07/05/05 10:00 AM SUCR 2
1                        SUPERIOR COURT CALENDAR             PAGE:     13

              COURT DATE: 07/05/05         TIME: 10:00 AM            COURTROOM NUMBER: SUCR

    NO.   FILE NUMBER DEFENDANT NAME                                                      CONT

************************************************************************************

    049 04 CRS 058438 WILLIAMS,EMMANUEL              APT.: THOMPSON,CRAIG      ADA: RTT
        TB: 110804 BOND:     $15,000 SEC
        (F)STAT RAPE/SEX OFFN DEF>4-<6YR       BAYLESS,W,L        GPD
                                               ACOSTA,P,J         GPD
                                               SHELDON,SCOTT DET. GPD
                                               BIGELOW,BRITTANY
                                               ENOCH,ASHLEY
                                               STANFORD,FRANK     BPD
                                               CLENNAN,MARY
          CLS:C   P:   L:    PLEA:      VER:                   JUDGMENT:



          (F)SEX OFFENSE STUDENT (F)
          CLS:G P:    L:     PLEA:      VER:                    JUDGMENT:



    050 04 CRS 055285 JORDAN,LISA,RENEE              APT.: CARLOS,AARON        ADA: RTT
            AKA: JORDON,LISA,RENEE
        TB: 081604 BOND:      $5,000 SEC
        (F)FELONY POSSESSION OF COCAINE        SNYDER,JEFF         SFF
                                               CUBINO,D            SFF
          CLS:I   P:   L:    PLEA:      VER:                    JUDGMENT:



          (M)POSSESS DRUG PARAPHERNALIA
          CLS:1 P:    L:     PLEA:      VER:                    JUDGMENT:
                                               14



    051 04 CRS 052634 BARBEE,IVORY,DAVIS            ATTY: HUNT/WHITE          ADA: LG
        AP: 022405 BOND:        $100 SEC
        (T)DRIVING WHILE IMPAIRED              FUQUAY,R,J          SHP             2880396
                           PLEA:      VER:                      JUDGMENT:



          (I)DRIVE LEFT OF CENTER
                             PLEA:      VER:                    JUDGMENT:



    052 04 CRS 059252 FIGURIED,ANTONE,JR            APT.: BLUFORD,KEISHA      ADA: LG
        AP: 021405 BOND:             WPA
        (M)ASSAULT BY POINTING A GUN           COX,CURTIS,P
        CLS:A1 P:   L:     PLEA:      VER:                      JUDGMENT:



            SUPERIOR COURT, TRIAL C         PAGE:     13            07/05/05 10:00 AM SUCR 2
1                       SUPERIOR COURT CALENDAR             PAGE:     14

             COURT DATE: 07/05/05         TIME: 10:00 AM            COURTROOM NUMBER: SUCR

    NO.   FILE NUMBER DEFENDANT NAME                                                     CONT

************************************************************************************

    053 04 CRS 053137 PFLUMM,CHRISTOPHER,MICHAE ATTY: CRAIG,ROBERT             ADA: LG
        AP: 020305 BOND:            CUS
        (T)DRIVING WHILE IMPAIRED          SMITH,AL          BPD                   C4226525
                           PLEA:     VER:                 JUDGMENT:



          (I)POSS OPN CNT/CONS ALC PSG AREA
                             PLEA:      VER:                    JUDGMENT:



    054 03 CRS 058322 WHITTED,TONY,LATURAN       ATTY: HUNT/WHITE             ADA: LG
        AP: 021505 BOND:        $500 SEC
        (T)DRIVING WHILE IMPAIRED          SHARPE,T,L         MPD                  C1788100
                           PLEA:      VER:                 JUDGMENT:



          (T)DRIVE AFTER CONSUMING < 21
          CLS:2 P:    L:     PLEA:      VER:                    JUDGMENT:



    055 03 CRS 058323 WHITTED,TONY,LATURAN       ATTY: HUNT/WHITE             ADA: LG
        AP: 021505 BOND:         $1 SEC
        (T)NO OPERATORS LICENSE            SHARPE,T,L         MPD                  C1788099
                                               15

          CLS:2   P:   L:    PLEA:      VER:                   JUDGMENT:



          (I)POSS OPN CNT/CONS ALC PSG AREA
                             PLEA:      VER:                   JUDGMENT:



    056 04 CRS 056979 ROBINSON,JAMES,MICHAEL     APT.: CARLOS,AARON           ADA: LG
        AP: 020105 BOND:        $500 SEC
        (T)DRIVING WHILE IMPAIRED          MILLSPAUGH,D,R     BPD                 C3983453
                           PLEA:      VER:                 JUDGMENT:



          (T)DWLR
          CLS:1 P:     L:    PLEA:      VER:                   JUDGMENT:




             SUPERIOR COURT, TRIAL C         PAGE:    14           07/05/05 10:00 AM SUCR 2
1                        SUPERIOR COURT CALENDAR           PAGE:     15

              COURT DATE: 07/05/05        TIME: 10:00 AM           COURTROOM NUMBER: SUCR

    NO.   FILE NUMBER DEFENDANT NAME                                                    CONT

************************************************************************************

    057 04 CRS 022161 JEFFRIES,THOMAS,LEE            ATTY: REMINGTON,DAVID   ADA: LG
        AP: 030105
        (T)DRIVING WHILE IMPAIRED              WILSON,GE          BPD             C4958031
                           PLEA:     VER:                      JUDGMENT:



    058 04 CRS 061170 WILLIS,RICHARD,THOMAS       ATTY: WAIVED               ADA: LG
        AP: 030205 BOND:         $100 SEC
        (T)INFRACTION-DRIVE LEFT OF CENTE   CARROLL,C,J        SHP                3319785
        CLS:   P:   L:     PLEA:       VER:                 JUDGMENT:



    059 04 CRS 053941 MELGOZA,FELIPE,MAYANA       ATTY: DAWSON,ALEX,III      ADA: LG
        AP: 020805 BOND:         $300 CSH
        (T)DRIVING WHILE IMPAIRED           RANDLEMAN,J,H      EPD                C4317133
                           PLEA:       VER:                 JUDGMENT:



          (T)NO OPERATORS LICENSE
          CLS:2 P:    L:     PLEA:      VER:                   JUDGMENT:
                                                 16

 060 03 CRS 009678 FOUST,SHARI,LYNETTE                 APT.: COX,JOHN          ADA: LG
     AP: 031505 BOND:        $200 SEC
     (T)DWLR                                      SNYDER,J           SFF           C1789293
     CLS:1 P:    L:    PLEA:       VER:                           JUDGMENT:




         SUPERIOR COURT, TRIAL C         PAGE:   15         07/05/05 10:00 AM SUCR 2
1 RUN DATE: 06/03/05                                                        PAGE: 1
                             IN THE GENERAL COURT OF JUSTICE
  LOCATION: GRAHAM, N.C.         SUPERIOR COURT DIVISION       COUNTY OF ALAMANCE

          COURT DATE: 07/05/05             TIME: 10:00 AM           COURTROOM NUMBER: SUCR

                          SUPERIOR COURT, TRIAL CALENDAR

                      JUDGE PRESIDING      :   HONORABLE JAMES C. SPENCER
                      COURTROOM CLERK      :   CAROL MADKINS
                      PROSECUTOR           :   ROBERT F. JOHNSON
                      ASST. DA             :   ROBERT T. THOMPSON
                      ASST. DA             :   LORI GOINS
                                           :
                                           :

 NO. DEFENDANT NAME              OFFENSE                             COMPLAINANT FILE NUMBER

************************************************************************************
   030 BAKER,ALANA,DAVIS      CRIME AGAINST NATURE           RICHARDSON, 04CRS057841
                              PWIS/D KLONOPIN-SCH IV
                              DELIVER KLONOPIN-SCH IV
   031 BAKER,ALANA,DAVIS      MAINTN VEH/DWELL/PLACE CS (M) RICHARDSON, 04CRS057842
   051 BARBEE,IVORY,DAVIS     DRIVING WHILE IMPAIRED         FUQUAY,R,J 04CRS052634
                              DRIVE LEFT OF CENTER
   035 BRAMMER,RHONDA,LYNN    MISDEMEANOR LARCENY            PARKER,J    04CRS010826
   034 CADDELL,ALBERT,LEE     MISDEMEANOR LARCENY            COZART,ADAM 04CRS053991
   006 COOK,RICHARD,DANIEL    STAT RAPE/SEX OFFN DEF >=6YR   ENOCH,MICHA 04CRS056099
                              SEX OFFENSE - PARENTAL ROLE
   007 COOK,RICHARD,DANIEL    FIRST DEGREE SEX OFFENSE CHILD ENOCH,MICHA 04CRS056297
                              SEX OFFENSE - PARENTAL ROLE
   023 CRAYTON,ROBERT,JOSEPH EXPIRED/NO INSPECTION STICKER MILLER,J      04CRS026643
                              DWLR
   047 DOSS,BARRY,LEE         DRIVING WHILE IMPAIRED         FORT,R,E    03CRS059754
   048 DOSS,BARRY,LEE         POSSESS MARIJUANA UP TO 1/2 OZ FORT,R      03CRS059755
                              POSSESS DRUG PARAPHERNALIA
   022 ENOCH,WALLY,LEE,JR     FELONY POSSESSION OF COCAINE   WESTMORELAN 04CRS057803
                              CARRYING CONCEALED GUN(M)
   052 FIGURIED,ANTONE,JR     ASSAULT BY POINTING A GUN      COX,CURTIS, 04CRS059252
   060 FOUST,SHARI,LYNETTE    DWLR                           SNYDER,J    03CRS009678
   001 HARRIS,CHRISTOPHER,TOD FELONY POSSESSION MARIJUANA    BYRD,T      03CRS054760
                              PWISD MARIJUANA
                              MANUFACTURE MARIJUANA
   002 HARRIS,CHRISTOPHER,TOD TRAFFICKING IN COCAINE         BYRD,T      03CRS054761
                              PWISD COCAINE
                              CONSPIRE TO TRAFFIC IN COCAINE
   003 HARRIS,CHRISTOPHER,TOD TRAFFICKING IN MDA/MDMA        BYRD,T      03CRS054763
                              CONSPIRE TRAFFIC MDA/MDMA
                                                 17

                                    RESISTING PUBLIC OFFICER
    **017 INGRAM,SPENCER,DALLAS     FORGERY OF INSTRUMENT              SNOW,J,W     04CRS056927
                                    OBTAIN PROPERTY FALSE PRETENSE
      057 JEFFRIES,THOMAS,LEE       DRIVING WHILE IMPAIRED              WILSON,GE   04CRS022161
      050 JORDAN,LISA,RENEE         FELONY POSSESSION OF COCAINE        SNYDER,JEFF 04CRS055285
                                    POSSESS DRUG PARAPHERNALIA
      009 LEA,DWAYNE,SHERMAN        FELONY POSSESSION OF COCAINE        CRAIN,C     04CRS060117
                                    POSSESS DRUG PARAPHERNALIA
                                    POSSESS MARIJUANA UP TO 1/2 OZ
      010 LEA,DWAYNE,SHERMAN        MAINTN VEH/DWELL/PLACE CS (F)      CRAIN,C      04CRS060118
      036 LEACH,DONNA,WEBSTER       DWLR                               JONES,A,M    04CRS059107
    **045 LOYD,SHERRY,GUTHRIE       BREAK OR ENTER A MOTOR VEHICLE     TUGGLE,M,E   04CRS058737
                                    BREAK OR ENTER A MOTOR VEHICLE


            SUPERIOR COURT, TRIAL C         PAGE:         1            07/05/05 10:00 AM SUCR 2
1                       SUPERIOR COURT CALENDAR                PAGE:      2

             COURT DATE: 07/05/05             TIME: 10:00 AM           COURTROOM NUMBER: SUCR

     NO. DEFENDANT NAME             OFFENSE                             COMPLAINANT FILE NUMBER

************************************************************************************
 **        (CONTINUED)         POSSESS DRUG PARAPHERNALIA
    046 LOYD,SHERRY,GUTHRIE    MISDEMEANOR LARCENY            TUGGLE,M,E 04CRS058742
                               FELONY POSSESSION OF COCAINE
    039 MADREN,JUSTIN,SHANE    BREAKING AND OR ENTERING (F)   PAYNE,J     04CRS060280
                               LARCENY AFTER BREAK/ENTER
                               INJURY TO REAL PROPERTY
    008 MAHALEY,JASON,SMITH    BURNING OF A SCHOOL HOUSE      SHELDON,S,R 04CRS060478
    040 MARTIN,MARY,HODGES     POSS 5+ COUNTERFEIT INSTRUMENT JONES,A,M   04CRS059665
                               UTTERING FORGED INSTRUMENT
    044 MARTIN,NATALIA,TONAE   SIMPLE AFFRAY                  PERRY,S,C   04CRS027012
    004 MCCAULEY,ASHLEY,DALE   TRAFFICKING IN COCAINE         BYRD,T      03CRS054758
                               PWIMSD COCAINE
                               CONSPIRE TO TRAFFIC IN COCAINE
    005 MCCAULEY,ASHLEY,DALE   FELONY POSSESSION MARIJUANA    BYRD,T      03CRS054762
                               PWISD MARIJUANA
                               MANUFACTURE MARIJUANA
    032 MCCRACKEN,KAREN,KATHLE PWIS/D XANAX-SCH IV            RICHARDSON, 04CRS057839
                               PWIS/D KLONOPIN-SCH IV
    033 MCCRACKEN,KAREN,KATHLE DELIVER KLONOPIN-SCH IV        RICHARDSON, 04CRS057840
                               DELIVER XANAX-SCH IV
 **013 MEBANE,HAROLD,JEROME    HABITUAL IMPAIRED DRIVING      APPLE,C,L   04CRS060806
    014 MEBANE,HAROLD,JEROME   DWLR                           APPLE,C,L   04CRS060807
    018 MEDLEY,BRIAN,KEITH     POSSESSION OF FIREARM BY FELON HENDERSON,E 04CRS054415
    019 MEDLEY,BRIAN,KEITH     ASSAULT BY POINTING A GUN      HENDERSON,E 04CRS054416
                               COMMUNICATING THREATS
    059 MELGOZA,FELIPE,MAYANA DRIVING WHILE IMPAIRED          RANDLEMAN,J 04CRS053941
                               NO OPERATORS LICENSE
    011 PAYLOR,MARTHA,DARLINE DRIVING WHILE IMPAIRED          WILLIAMS,G 00CRS053579
    015 PELLETIER,GARY,ALPHONS FAIL REGISTER SEX OFFENDER(F) BALDWIN,B,E 05CRS050654
    016 PELLETIER,GARY,ALPHONS DISSEM MTRL/PERFORM HARMFL MIN BALDWIN,B,E 05CRS051351
                               ASSAULT ON A CHILD UNDER 12
                               DISSEM MTRL/PERFORM HARMFL MIN
    053 PFLUMM,CHRISTOPHER,MIC DRIVING WHILE IMPAIRED         SMITH,AL    04CRS053137
                               POSS OPN CNT/CONS ALC PSG AREA
                                                     18

      025                        DWLR
            PICKERING,MALTEENEY,JR                                         COUNCILMAN,   04CRS011866
      020   POOLE,COURTNEY,NOEL  AWDW SERIOUS INJURY                       CROSTIC,B,A   04CRS058764
      043                        DRIVING WHILE IMPAIRED
            RIMMER,BRADFORD,THOMAS                                         METTERS,J,R   02CRS059726
      056                        DRIVING WHILE IMPAIRED
            ROBINSON,JAMES,MICHAEL                                         MILLSPAUGH,   04CRS056979
                                 DWLR
      037 SHEREN,THOMAS,OLIN     SPEEDING                054/45            MASSEY,J,L    04CRS058203
                                 DWLR
      038 SHEREN,THOMAS,OLIN     EXPIRED/NO INSPECTION STICKER             MASSEY,J,L    04CRS058204
                                 OPERATE VEH NO INS
      041 SMITH,MICHAEL,ANTOINE HABITUAL IMPAIRED DRIVING                  SOMERS,T,L 04CRS052695
      026 SNIPES,JAMES,ARTIS     OBTAIN PROPERTY FALSE PRETENSE            WALTERS,J,D 04CRS059065
      042 SOTIR,ALEXIS,MICHAEL   PWISD MARIJUANA                           PERRY,J,J   03CRS054201
                                 SELL MARIJUANA
      021 TEODORO,JUAN,MANUEL    DRIVING WHILE IMPAIRED                   JONES,A,M      04CRS050628
      012 WATSON,REGINALD,KEITH, SIMPLE ASSAULT                           CUBINO,D       04CRS060932
    **028 WHITTED,CHRIS,DAVIS    HABITUAL FELON                           MAJORS,D       04CRS021787
    **029 WHITTED,CHRIS,DAVIS    HABITUAL FELON                           MAJORS,D       04CRS021788
      027 WHITTED,CHRIS,DAVIS    FELONY POSSESSION OF COCAINE             MAJORS,D,E     04CRS055431
                                 ALTER/STEAL/DEST CRIMINAL EVID
                                 RESISTING PUBLIC OFFICER


             SUPERIOR COURT, TRIAL C         PAGE:            2           07/05/05 10:00 AM SUCR 2
1                        SUPERIOR COURT CALENDAR                  PAGE:      3

              COURT DATE: 07/05/05             TIME: 10:00 AM             COURTROOM NUMBER: SUCR

    NO. DEFENDANT NAME               OFFENSE                              COMPLAINANT FILE NUMBER

************************************************************************************
   054 WHITTED,TONY,LATURAN   DRIVING WHILE IMPAIRED         SHARPE,T,L 03CRS058322
                              DRIVE AFTER CONSUMING < 21
   055 WHITTED,TONY,LATURAN   NO OPERATORS LICENSE           SHARPE,T,L 03CRS058323
                              POSS OPN CNT/CONS ALC PSG AREA
   049 WILLIAMS,EMMANUEL      STAT RAPE/SEX OFFN DEF>4-<6YR BAYLESS,W,L 04CRS058438
                              SEX OFFENSE STUDENT (F)
   058 WILLIS,RICHARD,THOMAS INFRACTION-DRIVE LEFT OF CENTE CARROLL,C,J 04CRS061170




         SUPERIOR COURT, TRIAL C         PAGE:    3         07/05/05 10:00 AM SUCR 2
  * MISSING/INVALID CHECK DIGIT
 ** DEFENDANT NEEDS TO BE FINGERPRINTED
1 RUN DATE: 06/03/05                                                        PAGE: 1
                             IN THE GENERAL COURT OF JUSTICE
  LOCATION: GRAHAM, N.C.         SUPERIOR COURT DIVISION       COUNTY OF ALAMANCE

              COURT DATE: 07/05/05             TIME: 10:00 AM             COURTROOM NUMBER: SUCR

                              SUPERIOR COURT, TRIAL CALENDAR

                          JUDGE PRESIDING      :   HONORABLE JAMES C. SPENCER
                          COURTROOM CLERK      :   CAROL MADKINS
                          PROSECUTOR           :   ROBERT F. JOHNSON
                          ASST. DA             :   ROBERT T. THOMPSON
                          ASST. DA             :   LORI GOINS
                                                  19

                                            :
                                            :

  NO.   FILE NUMBER DEFENDANT NAME                                                          CONT

************************************************************************************

  024 04 IFS 026481 CRAYTON,ROBERT,JOSEPH                      WAIVED             ADA: LG
      AP: 031605 BOND:
      (I)FAIL TO WEAR SEAT BELT-DRIVER    MILLER,J                    SHP             3104974
                         PLEA:      VER:                           JUDGMENT:




         SUPERIOR COURT, TRIAL C         PAGE:    1         07/05/05 10:00 AM SUCR 2
1 RUN DATE: 06/03/05                                                        PAGE: 1
                             IN THE GENERAL COURT OF JUSTICE
  LOCATION: GRAHAM, N.C.         SUPERIOR COURT DIVISION       COUNTY OF ALAMANCE

           COURT DATE: 07/05/05             TIME: 10:00 AM              COURTROOM NUMBER: SUCR

                           SUPERIOR COURT, TRIAL CALENDAR

                       JUDGE PRESIDING      :   HONORABLE JAMES C. SPENCER
                       COURTROOM CLERK      :   CAROL MADKINS
                       PROSECUTOR           :   ROBERT F. JOHNSON
                       ASST. DA             :   ROBERT T. THOMPSON
                       ASST. DA             :   LORI GOINS
                                            :
                                            :

  NO. DEFENDANT NAME              OFFENSE                               COMPLAINANT FILE NUMBER

************************************************************************************
   024 CRAYTON,ROBERT,JOSEPH FAIL TO WEAR SEAT BELT-DRIVER MILLER,J      04IFS026481




          SUPERIOR COURT, TRIAL C                 PAGE:    1            07/05/05 10:00 AM SUCR 2
1

				
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