Heard in the Court of Appeals: February 17, 2014.
Counsel Amended May 15, 2014.
Onslow County. No. 10 CRS 52727. Jack W. Jenkins, Judge.
Mr. David Gordon, Primary Attorney, Assistant Attorney General, N.C. DEPARTMENT OF JUSTICE, Greenville, NC, for Plaintiff-Appellee - State of North Carolina.
Mr. James L. Goldsmith, Jr., Primary Attorney, Attorney at Law.
Mr. Patrick Megaro, Primary Attorney, Attorney at Law, BROWNSTONE PA, Winter Park, FL, for Defendant-Appellant - Dinan, Corey.
ELMORE, Judge. Chief Judge MARTIN and Robert N. HUNTER, concur.
Appeal by defendant from judgments entered 8 March
2013 by Judge Jack W. Jenkins in Onslow County Superior Court.
Corey Dinan (defendant) appeals his convictions of intentional child abuse resulting in serious bodily injury under N.C. Gen. Stat. § 14-318.4(a3) and of assault on a child under the age of twelve in violation pursuant to N.C. Gen. Stat. § 14-33(c)(3). We hold that defendant received a trial free from error in part. Defendant's final issue is dismissed without prejudice and allows defendant the opportunity to file appropriate motions with the trial court.
I. Factual Background
Abby , the victim in this case, is the biological daughter of defendant and Sarah F., defendant's now ex-wife. Abby was born 17 February 2010 and was approximately six-weeks-old at the time of the requisite child-abuse incident. At defendant's trial, Ms. F. testified that on 4 April 2010, defendant gave Abby her early-morning bottle. When Ms. F. woke, she went to the family room and saw Abby in her " princess swing" and defendant sitting " Indian style" on the floor. Abby was struggling to breathe. Ms. F. asked, " what's wrong with my baby?" Defendant responded, " I don't know. I don't know. She's been like that all morning." Ms. F. demanded that they take Abby to Onslow Memorial Hospital (Onslow). Abby was kept over-night at Onslow before being transferred to Pitt Memorial Hospital (now Vidant) for additional treatment.
Dr. Coral Steffey (Dr. Steffey), pediatrician and expert in the field of pediatrics and child abuse, testified that on 5 April 2010 she was called to Vidant to consult on Abby's condition. She testified that Abby was transferred from Onslow to Vidant for additional treatment after physicians discovered that Abby's oxygen saturations were low, that she was having difficulty breathing, that she was dehydrated, and that x-rays showed multiple rib fractures and a hemothorax. In fact, Abby had 24 identifiable rib fractures, both new and healing. ...