in the Court of Appeals 9 August 2016.
by Defendant from judgments entered 19 June 2015 by Judge
Gale M. Adams in Hoke County Nos. 11 CRS 51608, 14 CRS 87, 11
CRS 51647 Superior Court.
Attorney General Joshua H. Stein, by Assistant Attorney
General Peter A. Regulski, for the State.
Law Office, by Craig M. Cooley, for Defendant-Appellant.
Todd Walker ("Defendant") appeals from judgments
entered on 19 June 2015 convicting him of, inter
alia, two counts of assault with a deadly weapon with
intent to kill inflicting serious injury upon
K.D., assault with a deadly weapon with intent
to kill inflicting serious injury upon D.C., and attempted
first degree murder of K.D. Defendant asserts that the State
failed to present sufficient evidence to support the intent
elements of each of these four convictions. After careful
review, we hold Defendant failed to preserve his arguments
before the trial court, and affirm his convictions,
dismissing Defendant's appeal.
was indicted on thirty-four counts, including three counts of
assault with a deadly weapon with intent to kill inflicting
serious injury ("AWDWWIKISI"), and one count of
attempted first degree murder. After waiving his right to a
jury trial, Defendant was convicted on the above mentioned
charges as well as twenty-six of the remaining thirty
charges. The trial court consolidated the convictions and
sentenced Defendant to three consecutive life terms without
the possibility of parole.
initial matter, the State challenges Defendant's
preservation of his arguments on appeal. Specifically, the
State asserts that Defendant failed to challenge the
sufficiency of the evidence as to the intent elements of the
four challenged convictions before the trial court, and
therefore did not preserve those arguments for appellate
review. We agree.
preserve an issue for appellate review, "a party must
have presented to the trial court a timely request,
objection, or motion, stating the specific grounds for the
ruling the party desired the court to make if the specific
grounds were not apparent from the context." N.C. R.
App. P. 10(a)(1) (2015). Rule 10(a)(3) of the North Carolina
Rules of Appellate Procedure provides further that
[i]n a criminal case, a defendant may not make insufficiency
of the evidence to prove the crime charged the basis of an
issue presented on appeal unless a motion to dismiss the
action, or for judgment as in case of nonsuit, is made at
trial. If a defendant makes such a motion after the State has
presented all its evidence and has rested its case and that
motion is denied and the defendant then introduces evidence,
defendant's motion for dismissal or judgment in case of
nonsuit made at the close of State's evidence is waived.
Such a waiver precludes the defendant from urging the denial
of such motion as a ground for appeal.
A defendant may make a motion to dismiss the action, or for
judgment as in case of nonsuit, at the conclusion of all the
evidence, irrespective of whether defendant made an earlier
such motion. If the motion at the close of all the evidence
is denied, the defendant may urge as ground for appeal the
denial of the motion made at the conclusion of all the
evidence. However, if a defendant fails to move to dismiss
the action, or for judgment as in case of nonsuit, at the