in the Court of Appeals 12 February 2019.
by defendant from judgments entered 26 July 2017 by Judge
Martin B. McGee in Cherokee County, No. 13 CRS 306, 50486
General Joshua H. Stein, by Special Deputy Attorney General
Melody R. Hairston, for the State.
Hayes, Greensboro, for defendant.
Mark Edwin Jones appeals his convictions for first degree
sexual offense and taking indecent liberties with a child.
Jones argues that the trial court erred by denying his motion
for a continuance because the district attorney did not file
an adequate trial calendar ten or more days before trial, in
violation of N.C. Gen. Stat. § 7A-49.4(e). Jones also argues
that the trial court erred in denying his request to present
a rebuttal witness to respond to testimony from the States
explained below, because the case was scheduled for trial
many months in advance and then continued several times, even
assuming the trial calendar submitted by the district
attorney was inadequate under N.C. Gen. Stat. § 7A-49.4(e),
Jones must establish that he was prejudiced by the failure to
receive sufficient notice. He has not done so here.
respect to the rebuttal witness, that decision is one left to
the trial courts discretion and, because the trial court
permitted other testimony that established the same facts
Jones sought from his rebuttal witness, Jones has not shown
that the trial courts decision was so manifestly arbitrary
that it could not have been the result of a reasoned
decision. We therefore find no prejudicial error in the trial
Facts and Procedural History
April 2013, Defendant Mark Jones went to work at 8:00 a.m.
Joness wife, Betty, stayed at home with their youngest
child. At 9:15 a.m., Bettys sister dropped off her two
children, Millie and Collin, for Betty to babysit.
Betty watched the children from 9:15 a.m. until she had to
leave to drive her afternoon school bus route sometime
between 2:30 and 2:45 p.m. After Betty left, the children
were alone with Jones for a short period of time before
Millie and Collins mother arrived to pick them up around
Millies mother picked her up, Millie was upset. Later that
evening, Millie began crying. When her mother asked her what
was wrong, Millie indicated that Jones had removed her
underwear and touched her private area, put his finger in her
"hole," and showed her ...