in the Court of Appeals 16 January 2019.
by Defendant from judgment entered 22 March 2018 by Judge
Ebern T. Watson III in Onslow County No. 14 CRS 54309-10
Attorney General Joshua H. Stein, by Assistant Attorney
General Oliver G. Wheeler, IV, for the State.
Epstein Law Firm, PLLC, by Drew Nelson, for
argues the trial court erred in three ways regarding his
prosecution and conviction for discharging a weapon into an
occupied dwelling, but fails to show that the trial court
erred (1) in entering its judgment against him for that
offense, (2) proceeding based on the State's indictment,
or (3) in failing to dismiss the charge for insufficient
evidence. We find no error in the trial court's decisions
relating to these three issues.
although not properly preserved for appeal, we invoke Rule 2
of our Rules of Appellate Procedure in order to prevent
manifest injustice and vacate Defendant's conviction for
assault by pointing a gun.
Reginald Lee Jones, was found guilty of (1) discharging a
firearm into an occupied dwelling, (2) assault with a deadly
weapon, and (3) assault by pointing a gun. In a separate
judgment, Defendant was found guilty of fleeing to elude
arrest, but does not appeal any issues related thereto. The
charges stem from an incident where Defendant fired multiple
gunshots in the direction of an individual and his house.
evening of 6 July 2014, Defendant was seen slowly driving by
and looking at a residence in Onslow County. Eventually,
Defendant got out of his car and started yelling at an
individual standing near the residence, "Teekay,"
and "calling out" the individuals inside the house,
challenging them to come outside. The exchange escalated to
the point where Defendant pulled out a handgun and fired two
shots at Teekay. At least one of the two shots went into the
exterior wall of the house, at which point the homeowner,
Antonio Holley ("Holley"), went to the doorway and
yelled that Defendant "ain't doing nothing" but
firing shots into the air. Defendant responded by firing two
shots at Holley, who was still standing in the doorway of his
house, one of which hit him in the arm. Shortly thereafter, a
second man inside the house returned fire in Defendant's
direction, and Defendant drove away. Upon investigating the
scene, police noted damage to Holley's house and the
was indicted by a Grand Jury for (1) littering, (2) fleeing
to elude arrest with a motor vehicle, (3) assault with a
deadly weapon with the intent to kill inflicting serious
injury, (4) assault by intentionally pointing a gun at a
person without legal justification, and (5) discharging a
firearm into an occupied dwelling. At trial, the State
abandoned the littering charge. The jury returned guilty
verdicts on the charges of fleeing to elude arrest, assault
with a deadly weapon, assault by pointing a gun, and
discharging a firearm into an occupied dwelling, and the
trial court entered judgment accordingly. Defendant timely
appeals and presents four arguments for our consideration.
The Trial Court's Judgment
first argues the trial court's judgment finding him
guilty of Class D discharging a firearm into an occupied
dwelling is inconsistent with the jury verdict finding him
guilty of ...