in the Court of Appeals15 May 2018.
by defendant from judgment entered 1 June 2017 by Judge
Jeffrey P. Hunt in Catawba County No. 16 CRS 2841 Superior
Attorney General Joshua H. Stein, by Special Deputy Attorney
General Tiffany Y. Lucas, for the State.
Bleyman for defendant.
Wayne Hoyle ("defendant") appeals from judgment
entered upon his conviction for felony indecent exposure. For
the following reasons, defendant is entitled to a new trial.
June 2016, a Catawba County Grand Jury indicted defendant on
one count of felony indecent exposure and one count of
misdemeanor indecent exposure based on allegations that
defendant exposed himself to a mother and her four-year- old
son (the "child") on 16 March 2016. Defendant's
case was tried in Catawba County Superior Court before the
Honorable Jeffrey P. Hunt beginning on 30 May 2017.
evidence at trial tended to show that just after the mother
and her son arrived home on 16 March 2016, as the mother was
unloading groceries and the child was playing in the front
yard, a man later identified as defendant pulled up in front
of the house with the passenger side of his vehicle facing
the house. The road was slightly elevated from the front
yard. Defendant first asked for directions. When the mother
said she could not help him, defendant offered to work on the
house and offered his business card. The mother declined
several times, but defendant was persistent that she take his
card. The mother approached defendant's vehicle with
several grocery bags in her hand to take the card, believing
defendant would then leave and she could finish unloading her
groceries. The child was swinging on a nearby tree in the
front yard, but did not approach defendant's vehicle. As
the mother reached into defendant's passenger window and
took the card from defendant, she saw that defendant had his
hand on his exposed penis. The mother jerked back, dropped
her bags, and fell into the small ditch alongside the road.
The mother could hear defendant laugh and drive away as she
gathered herself, grabbed her son, and ran into the house.
inside, the mother called the police. After several minutes,
the mother went outside to gather the things she dropped and
noticed that defendant's card was on the ground. When the
police arrived, the mother told them what happened and gave
them defendant's card. The police were able to identify a
suspect based on the information on the card and the mother
positively identified defendant in a photograph shown to her
by the police. Defendant was in his mid-40s.
mother testified that defendant never verbally acknowledged
the child, but did look over at him. The mother also
testified that she did not think the child saw what defendant
was doing. Based on the mother's description of the
events and analysis of the scene, the investigating officer
testified that the child was approximately 20 feet away from
the location where defendant pulled up in front of the house.
The tree the child was playing on was approximately 14 feet
away from the location where defendant pulled up in front of
turned himself in to police on 18 March 2016. At that time,
defendant was questioned and arrested. Defendant acknowledged
that he pulled up to the house and interacted with the
mother. Defendant, however, denied exposing himself.
June 2017, the jury returned verdicts finding defendant
guilty of felony indecent exposure and misdemeanor indecent
exposure. The trial court entered judgment on felony indecent
exposure sentencing defendant to a term of 10 to 21 months
imprisonment and imposing sex offender registration and
satellite-based monitoring requirements on defendant upon his
release. The trial court arrested judgment on misdemeanor
indecent exposure. Defendant gave notice of appeal in open
appeal, defendant challenges the trial court's denial of
his motions to dismiss and his request for a special jury