Heard in the Court of Appeals 6 May 2015.
Attorney General Roy Cooper by Special Deputy Attorney General Elizabeth Leonard McKay, and Associate Attorney Karmina J. Ishak, for the State.
Winifred H. Dillon for defendant-appellant.
STEELMAN, Judge. Judges STEPHENS and McCULLOUGH concur.
Appeal by defendant from judgment entered 12 August 2014 by Judge Anderson Cromer in Iredell County Superior Court,
No. 13 CRS 54397.
It was not error or plain error for the trial court to allow the State to cross-examine defendant about a case that defendant discussed in his direct testimony. Defendant's argument regarding his active, non-probationary, sentence is dismissed as moot, since his sentence has expired.
I. Factual and Procedural Background
On 8 August 2013 Michael Godbey (defendant) went to the Iredell County courthouse annex, where he was involved in an incident with a female security guard. He was charged with assault on a female, was convicted in district court on 4 March 2014, and appealed to Superior Court for trial de novo. The charge against defendant came on for trial at the 11 August 2014 criminal session of Superior Court for Iredell County. Defendant, who is hearing impaired, used the services of an interpreter during the trial.
A. The State's Evidence
On 8 August 2013 Marsha Isenhour was employed by the Wilson Security Company as a security officer at the Iredell County courthouse annex. Ms. Isenhour checked courthouse visitors through a metal detector and, if an alarm sounded when a person passed through the metal detector, she used a metal detection wand to determine the source of the alarm. At around 10:00 a.m. defendant entered the courthouse and when he passed through the metal detector the alarm sounded. Ms. Isenhour knew that defendant was hearing impaired, so she held up her hands, gestured to defendant to stop, and spoke clearly so he could read her lips. Defendant continued to walk towards Ms. Isenhour and when she turned to seek assistance from a co-worker, defendant shoved her from behind into the wall, pushing her " with both hands quite forcefully." Her co-
worker restrained defendant until a bailiff escorted him outside. Once outside, defendant made " threatening gestures," and looked at Ms. Isenhour while holding his hand " like he was shooting a gun."
Lloyd Elliott also worked for Wilson Security at the courthouse annex. On 8 August 2013 he heard the alarm sound and turned to see Ms. Isenhour holding up her hands in front of defendant and yelling " Stop!" However, defendant did not stop, but " slammed her into the wall." Mr. Elliott saw that defendant had not tripped, but intentionally pushed Ms. Isenhour into the wall. He stayed between defendant and Ms. Isenhour until a deputy took defendant outside. When defendant was outside, ...