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State v. Griffin

Court of Appeals of North Carolina

March 19, 2019

STATE OF NORTH CAROLINA
v.
MALON KYSHEEF GRIFFIN, Defendant.

          Heard in the Court of Appeals 27 February 2019.

          Appeal by defendant from judgments entered 10 January 2018 by Judge Beecher R. Gray in Beaufort County Nos. 14 CRS 50909, 50968 Superior Court.

          Attorney General Joshua H. Stein, by Assistant Attorney General Carole Biggers, for the State.

          Anne Bleyman for defendant.

          ARROWOOD, JUDGE.

         Malon Kysheef Griffin ("defendant") appeals from judgments entered on his convictions of felony assault inflicting serious bodily injury and felony breaking and entering with intent to terrorize or injure. For the reasons stated herein, we find no error.

         I. Background

         On 14 July 2014, a Beaufort County Grand Jury indicted defendant for felony assault inflicting serious bodily injury and felony breaking and entering. On 16 March 2015, a Beaufort County Grand Jury issued a superseding indictment for felony breaking and entering with intent to terrorize or injure. On 9 January 2018, this matter came on for trial in Beaufort County Superior Court, the Honorable Beecher R. Gray presiding. The State's evidence tended to show as follows.

         On 24 May 2014, defendant, a mixed martial arts fighter, opened the front door of Mr. Marcus Frank ("Mr. Frank" or "victim")'s home, and entered uninvited. Mr. Frank heard the door open, so he walked towards the front of the house to see who opened the door, and saw defendant. The two men exchanged words, in reference to an incident involving defendant's girlfriend.[1] Mr. Frank insisted he was not involved in the incident, but defendant did not believe Mr. Frank, and hit him in the face.

         The two men started fighting. Defendant threw Mr. Frank over a dog cage. Mr. Frank attempted to run to the kitchen, but could not get away from defendant, who was hitting, kneeing, and kicking his face, head, neck, torso, and limbs. Eventually, Mr. Frank was able to escape to the kitchen. He threw a wooden spoon at defendant, and defendant fled in a car driven by his girlfriend's stepfather.

         Mr. Frank contacted his girlfriend, Sherry Bailey ("Ms. Bailey"), who called 911. When law enforcement and medical personnel responded to the call, Mr. Frank recounted the attack to Officer Christopher Cordina of the Washington Police Department, identifying defendant as his attacker.

         Mr. Frank reported being unable to swallow, and was diagnosed with a concussion. He also had numerous lacerations, swelling and bruising on his face, and wounds on his knees and elbows. Ms. Bailey testified Mr. Frank "looked -- his face was deformed. He didn't look like himself, and he had -- where he had been, I guess maybe on the carpet where he had -- he had blood. Like it was to the white meat."

         Mr. Frank went to the police station, and Officer Cordina took photographs of his injuries. Mr. Frank then went to the emergency room. He testified he went to the hospital because:

I was in pain, and it was -- it was like really bothering me. I had like a serious, serious bad headache, and that headache lasted me from like four days from the incident happened. And to this day, I'm still like getting like migraine headaches. I'm ...

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