Heard in the Court of Appeals October 20, 2014.
This Decision is not final until expiration of the twenty-one day rehearing period. [North Carolina Rules of Appellate Procedure 32(b)]
Cumberland County. No. 12 CRS 59816.
Attorney General Roy Cooper, by Assistant Attorney General Caroline Farmer, for the State.
Appellate Defender Staples Hughes, by Assistant Appellate Defender Jillian C. Katz, for Defendant.
McGEE, Chief Judge. Judges STEPHENS and DIETZ concur.
Appeal by Defendant from judgment entered 18 September 2013 by Judge James F. Ammons,
Jr. in Superior Court, Cumberland County.
McGEE, Chief Judge.
Marcus Waddell (" Defendant" ) appeals his conviction of felony indecent exposure, which involved Defendant publically exposing himself in the presence of a fourteen-month-old male child. Defendant contends that the trial court impermissibly allowed testimony of two adult women at trial who described previous instances where Defendant allegedly exposed himself in public. We disagree.
At the time the following events occurred, Victoria Hardin (" Ms. Hardin" ), an adult woman, worked at a law firm on Dick Street in downtown Fayetteville, located several blocks from the Cumberland County courthouse (" the courthouse" ). Ms. Hardin left work on 25 July 2012 at approximately 4:30 in the afternoon, accompanied by her mother and fourteen-month-old son. While they made their way to Ms. Hardin's car, a man, identified at trial as Defendant, approached Ms. Hardin with his pants down, called out to get her attention, and began shaking his penis at her and moving his hand " up and down." Ms. Hardin and her mother quickly entered Ms. Hardin's car, along with Ms. Hardin's son. As Ms. Hardin attempted to put her car in reverse, Defendant moved behind the car and began doing jumping jacks. Defendant then walked down Dick Street and was apprehended by the police shortly thereafter.
At trial, the State presented testimony from two adult women who reported other instances of Defendant exposing himself in public. The trial court allowed this testimony under N.C. Gen. Stat. § 8C-1, Rule 404(b) to show intent, plan, or absence of mistake by Defendant (" the 404(b) testimony" ). The jury ...