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State v. Posey

Court of Appeals of North Carolina

May 6, 2014

STATE OF NORTH CAROLINA
v.
JERRY DENARD POSEY, II

Heard in the Court of Appeals: April 7, 2014.

Page 370

Forsyth County. Nos. 12 CRS 52033-34, 52036. William Z. Wood, Judge.

No error.

Attorney General Roy Cooper, by Special Deputy Attorney General Marc Bernstein, for the State.

Sharon L. Smith for Defendant.

McGEE, Judge. Chief Judge MARTIN and Judge CALABRIA concur.

OPINION

Page 371

McGEE, Judge

Appeal by Defendant from judgments entered 30 May 2013 by Judge William Z. Wood in Superior Court, Forsyth County.

Jerry Denard Posey, II (" Defendant" ) was indicted on 10 December 2012 for first-degree murder of Terrance Murchison (" Mr. Murchison" ), possession of a firearm by a felon, and carrying a concealed gun. A jury found Defendant guilty of second-degree murder, possession of a firearm by a felon, and carrying a concealed gun. The facts relevant to the issues on appeal are discussed in the analysis section of this opinion. Defendant appeals.

I. Physical Restraints

Defendant first argues the trial court abused its discretion in requiring Defendant to wear restraints at trial. We disagree.

Page 372

A. Standard of Review

" We review the trial court's decision of whether to place [d]efendant in physical restraints for abuse of discretion." State v. Stanley, 213 N.C.App. 545, 548, 713 S.E.2d 196, 199 (2011). " A review for abuse of discretion requires the reviewing court to determine whether the decision of the trial court is manifestly unsupported by reason, or ...


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