Smith's Criminal Case Compendium
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State v. Stewart, 23PA22, ___ N.C. ___ (May. 23, 2024)
In this Mecklenburg County case, the Supreme Court reversed the unpublished Court of Appeals opinion vacating defendant’s conviction for sexual battery. The Court applied the holding in State v. Singleton when determining that the failure of the indictment to allege defendant used force during the sexual battery did not make the indictment invalid.
In January of 2016, the victim celebrated her birthday by going to a massage therapist in Charlotte. During the massage, the therapist digitally penetrated the victim’s vagina. Defendant was subsequently convicted of sexual battery and appealed. At the Court of Appeals, defendant argued that the trial court lacked subject matter jurisdiction because the indictment omitted that his act was committed “by force.” The Court of Appeals agreed, determining G.S. 14-27.33 required the indictment to allege the act was committed by force and against the will of another.
The Supreme Court accepted the State’s petition for discretionary review, and the Court took the opportunity to apply the reasoning from Singleton that the defendant must show “that the indictment contained a statutory or constitutional defect and that such error was prejudicial.” Slip Op. at 6. Walking through the analysis, the Court noted that in the juvenile case In re J.U., 384 N.C. 618 (2023), the Court held the element of force was inferable from the allegation that the act was nonconsensual. This led the Court to conclude “[t]he element of force is inferable from the language of the indictment such that a person of common understanding might know what was intended” and that the indictment was facially valid. Slip Op. at 9.
Justice Earls, joined by Justice Riggs, concurred in the result by separate opinion and explained that the Court’s precedent in In re J.U. and Singleton bound her to concur in the result. Id. at 10.