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State v. Spivey

Court of Appeals of North Carolina

April 7, 2015

STATE OF NORTH CAROLINA
v.
JACOB MARK SPIVEY

Heard in the Court of Appeals: February 5, 2015.

Attorney General Roy A. Cooper, III, by Assistant Attorney General Brent D. Kiziah, for the State.

W. Michael Spivey, for the Defendant.

DILLON, Judge. Judges GEER and STEPHENS concur.

OPINION

Page 842

Appeal by Defendant from judgments entered 9 May 2014 by Judge Phyllis M. Gorham in New Hanover County Superior Court, Nos. 13 CRS 1716, 13 CRS 50340-43, 13 CRS 50345.

DILLON, Judge.

Jacob Mark Spivey (" Defendant" ) appeals from judgments entered upon a jury verdict finding him guilty of one count of assault with a deadly weapon inflicting serious injury, six counts of assault with a deadly weapon, one count of felony hit and run, one count of injury to real property, and one count of reckless driving to endanger. We find no error in all but one of these convictions, arresting judgment on the charge of injury to real property, vacating the conviction, and remanding the case for resentencing.

I. Background

The evidence tended to show the following: In the evening hours of 11 January 2013, Defendant stepped outside of a bar, variously referred to at trial as " Katy's," " Katy's Bar and Grill," " Katy's Grill and Bar," and " Katy's Great Eats." Christina Short and another bar patron were already outside, talking with one another. Ms. Short began to tell jokes about President Obama, and turned to Defendant, who had been standing by himself nearby, and asked him which presidential candidate he voted for. Defendant replied that he had voted for President Obama. Ms. Short responded by laughing at Defendant and calling him " a stupid little f__ er." Defendant went back inside the bar.

A few minutes later, Defendant came back outside. As he was walking towards his car, Ms. Short asked him whether his daddy had

Page 843

bought him his car. Defendant responded by getting into his car, backing it up across the parking lot, and then driving it forward into the front of the bar, hitting Ms. Short, and injuring a number of people inside, including a man named Christian Gibbs.

Police apprehended Defendant nearby, and he confessed to intentionally driving his car into the bar but maintained that he intended only to ...


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