State v. McDougald, 284 N.C. App. 695 (Aug. 2, 2022)

In this Harnett County case, defendant appealed the denial of his motion for appropriate relief (MAR). The Court of Appeals affirmed the denial of defendant’s MAR and the imposition of life without parole.

Defendant first pleaded guilty to second degree kidnapping, a class E felony, in 1984, when he was sixteen years old. Four years later in 1988, defendant pleaded no contest to second-degree sexual offense (class H felony), common law robbery (class D felony), and armed robbery (class D felony). In 2001, a jury found defendant guilty of second-degree kidnapping, and subsequently of violent habitual felon status due to his prior felonies. The sentence imposed was mandatory life without parole. Defendant appealed that judgment, but the Court of Appeals found no error in State v. McDougald, 190 N.C. App. 675 (2008) (unpublished).

The current MAR at issue was filed in 2017. Defendant asserted two grounds for relief: (1) that defendant’s trial counsel was ineffective during plea negotiations because defendant was not adequately advised that he would receive mandatory life without parole if convicted, and (2) that applying violent habitual felon status due to defendant’s 1984 felony, which was committed when defendant was a juvenile, violated the Eighth Amendment. 

The Court of Appeals first examined the ineffective assistance of counsel ground, and found that, although defense counsel’s records were incomplete, and counsel could not recall if he informed defendant that life without parole was mandatory if he was convicted, the evidence showed that counsel did apprise defendant of the desirability of the plea deal, and the possible risk of life without parole if he went to trial. The court found that defense counsel’s performance was not objectionably unreasonable and was not prejudicial to defendant.  

Examining the second ground for relief, the court found that applying a felony committed while defendant was a juvenile did not violate the Eighth Amendment, because defendant was receiving a stiffer punishment for the felony committed as an adult, not a life without parole sentence for the initial felony committed while he was a juvenile. The court reviewed and applied “United States Supreme Court precedent, North Carolina Supreme Court precedent, and in the persuasive precedent from other jurisdictions” to determine that “the application of the violent habitual felon statute to Defendant’s conviction of second-degree kidnapping, committed when Defendant was thirty-three years old, did not increase or enhance the sentence Defendant received for his prior second-degree kidnapping conviction, committed when Defendant was sixteen.” Slip Op. at ¶ 27. Because the punishment of life without parole was not imposed for the juvenile conviction, the court found that it did not run afoul of United States Supreme Court precedent forbidding life sentences for juvenile convictions.