State v. Rainey, 198 N.C. App. 427 (Aug. 4, 2009)

A witness testified at trial that the defendant made the following statement about the victim during the robbery: “I hope this spic is dead.” The court rejected the defendant’s argument that the evidence should have been excluded because of a discovery violation. The State provided information prior to trial that the witness had stated that “they hated Mexicans” and there was no unfair surprise.