Court of Appeals “Capps” Prosecutors’ Use of Statements of Charges in Superior Court

The ability to file a misdemeanor statement of charges is a superpower for district court prosecutors, enabling them to overcome virtually any error in a criminal pleading with the stroke of a pen. Arraignment in district court is kryptonite, robbing the superpower of its efficacy. This dynamic was on full display in State v. Capps, __ N.C. App. __, __ S.E.2d __, 2019 WL 2180435 (May 21, 2019), a recent opinion by the court of appeals. Facts. Ben Capps stopped at a truck stop, got in an argument with a passenger in his vehicle, cut off the end of the truck stop’s air hose, attempted to strike the passenger with it, and when confronted by an off-duty deputy, drove off with the piece of hose. Procedural history. A magistrate issued an arrest warrant for Capps, charging him with misdemeanor larceny and other offenses. Capps was arrested and pled guilty in district court. He appealed for trial de novo in superior court, and the following exchange took place: THE COURT: The State has a motion to amend. [PROSECUTOR]: Yes, sir. I have drafted it on a misdemeanor statement of charges. The history of this case briefly is that this was a misdemeanor which was pled guilty to in [district] court based on the charging language, and it was a time-served judgment, and so it was not scrutinized closely. The charging language alleges that the personal property and the property stolen in the larceny are the property—Love’s Truck Stop. I am moving to [...]