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State v. Miles

Court of Appeals of North Carolina

November 4, 2014

STATE OF NORTH CAROLINA
v.
DERICK JOHNELLE MILES, Defendant

Heard in the Court of Appeals September 25, 2014

Page 238

Attorney General Roy A. Cooper, III by Assistant Attorney General Anne M. Middleton, for the State.

Glover & Petersen, P.A. by James R. Glover, for defendant-appellant.

STROUD, Judge. Chief Judge MCGEE and Judge GEER concur.

Page 239

Appeal by defendant from judgments entered on or about 7 June 2013 by Judge Thomas H. Lock in Superior Court, Alamance County, Nos. 11CRS054104-06.

OPINION

STROUD, Judge.

Derick Johnelle Miles (" defendant" ) appeals from a conviction for an attempted second-degree sexual offense. Defendant contends that insufficient evidence supports his conviction. We find no error.

I. Background

In 2010, M.G. met defendant while working at a car wash. M.G. and defendant talked on the phone and went on one date. In 2010, they had sexual relations twice. After hearing a rumor about defendant, M.G. ended their relationship.

In early 2011, M.G. and her daughter moved to an apartment in Mebane. In February 2011, while picking up her daughter from day care, M.G. saw defendant. They agreed to meet again. Defendant wanted a romantic relationship, but M.G. wanted a friendship only. Between February and May 2011, defendant and M.G. had sexual relations five times. In May 2011, after defendant threatened M.G., M.G. ended their relationship and attempted to cut off contact with defendant. In response, defendant called M.G.'s phone numerous times, knocked on M.G.'s door for an hour, attempted to evict M.G., and threatened to damage M.G.'s car. M.G. sometimes answered his phone calls and told him that she did not want a relationship.

Sometime after 8:00 p.m. on 3 July 2011, while M.G. was cleaning her apartment, she heard a knock on her door. M.G. looked through her peephole and saw one of her neighbors. She did not see anyone else, so she opened the door. After she opened it, defendant appeared, ran into her apartment, slammed the door behind him, and took his clothes off. Defendant had asked M.G's neighbor to knock on her door, so that defendant could " surprise" her. M.G. attempted to run toward the back of the apartment, but defendant grabbed her by her shoulder. Defendant threw M.G. on the couch, and M.G. cried, screamed, and yelled. M.G. tried to fight off defendant, but defendant overpowered her. Defendant took M.G's clothes off and raped her. M.G. tried to escape through the front door, but defendant grabbed M.G. by her hair, ripping out some of her hair extensions, and pulled her back into the apartment. Defendant then choked M.G. with his hand, impeding M.G.'s ability to breathe. Defendant flipped M.G. upside down, yelled at her, grabbed a screwdriver, and jabbed it at her in a threatening manner. M.G. told defendant that she needed to pick up her daughter. Defendant demanded that M.G. first drive him to his apartment in Burlington.

After M.G. drove defendant to his apartment, defendant grabbed her car keys. Defendant grabbed M.G. by her waist and dragged her out of her car and into his apartment. Defendant yelled and slapped M.G.'s face so hard that her braces cut the inside of her mouth. Defendant then acted as if he would let her leave and allowed her to go back to her car. But then defendant grabbed her and dragged her back into his apartment. Defendant grabbed a pointed kitchen knife and tried to hand it to M.G. He told her that she would escape only if she used it against him. She refused to take it. Defendant then asked her to perform fellatio and showed her his penis. M.G. begged him to not make her do it. Defendant then took M.G.'s clothes off and attempted to perform anal intercourse on her. After M.G. screamed ...


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