In this Durham County case, defendant appealed his conviction for felony animal cruelty, arguing that (1) the removal of the name of a horse from the indictment rendered it invalid, and (2) the prosecutor’s recitation of caselaw during closing argument represented gross impropriety. The Court of Appeals found no error and affirmed the conviction. 

In July of 2016, Durham County Animal Services responded to a report of several deceased horses on the property where defendant kept his horses. On the scene, Animal Services discovered the skeletal remains of three horses and one still-living horse, a chestnut mare, in severely emaciated condition. This horse was initially identified as “Diamond” in the indictment, but the prosecution successfully moved to strike the name from the indictment prior to trial. Defendant was found guilty of felony animal cruelty under N.C.G.S. § 14-360(b) in January 2021.

Reviewing defendant’s first argument on appeal, the Court of Appeals noted that under N.C.G.S. § 15A-923(e) an indictment may not be amended, but “surplus language which ‘in no way change[s] the nature or the degree of the offense charged’ may be stricken from an indictment.” Slip Op. at ¶20, quoting State v. Peele, 16 N.C. App. 227 (1972). The court explained that under N.C.G.S. § 14-360(b), the name of an animal is not considered an essential element of the crime, and applicable precedent established that it was acceptable to identify animals by general descriptions in indictments. Slip Op. at ¶24, citing State v. Credle, 91 N.C. 640 (1884). Because there was only one horse at issue in this case, and striking its name “Diamond” caused no confusion or difficulty for defendant when presenting his defense, the court found no error in striking the horse’s name from the indictment. 

The court next considered the prosecutor’s recitation of case law during closing argument. Noting that defense counsel did not object during trial, the court explained that defendant must show the remarks were “so grossly improper that the trial court committed reversible error by failing to intervene ex mero motu,” a heightened standard of review. Slip Op. at ¶27, quoting State v. Jones, 355 N.C. 117 (2002). The court emphasized that “the prosecutor’s statements must have been so improper that they ‘so infected the trial with unfairness as to make the resulting conviction a denial of due process.’” Slip Op. at ¶29, quoting Darden v. Wainwright, 477 U.S. 168 (1983). Based upon this high standard for relief, and the substantial evidence admitted at trial supporting defendant’s conviction, the court could not establish that defendant was deprived of a fair trial. 

Defendant was charged by citation with misdemeanor larceny under G.S. 14-72. The prosecutor amended the citation by striking through the charging language and handwriting the word “shoplifting” on the citation, along with the prosecutor’s initials and the date. The defendant entered a guilty plea to a lesser charge of shoplifting under G.S. 14-72.1, but later filed an MAR in district court arguing that the amendment was improper and the court lacked subject matter jurisdiction to enter judgment. The district court denied the MAR, and the superior court denied defendant’s petition for writ of certiorari to review the denial. The Court of Appeals granted the defendant’s petition for writ of certiorari, and held that the lower courts erred and the MAR should have been granted. The purported amendment to the citation impermissibly changed the nature of the offense because larceny and shoplifting are separate crimes with different elements. “Thus, the amendment was not legally permissible and deprived the district court of jurisdiction to enter judgment against Defendant.” The Court of Appeals reversed the superior court’s denial of the petition for writ of certiorari and vacated the shoplifting judgment.