{ "id": 11919869, "name": "STATE OF NORTH CAROLINA v. STEVEN WAYNE BELL", "name_abbreviation": "State v. Bell", "decision_date": "1996-03-05", "docket_number": "No. COA95-291", "first_page": "700", "last_page": "702", "citations": [ { "type": "official", "cite": "121 N.C. App. 700" } ], "court": { "name_abbreviation": "N.C. Ct. App.", "id": 14983, "name": "North Carolina Court of Appeals" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "345 S.E.2d 365", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1986, "pin_cites": [ { "page": "370", "parenthetical": "holding solicitation to commit common law robbery is \"an act of depravity[,] . . . involv[es] moral turpitude[,] . . . and [reveals] a mind fatally bent on mischief and a heart devoid of social duties\"" } ], "opinion_index": 0 }, { "cite": "317 N.C. 164", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4778022 ], "year": 1986, "pin_cites": [ { "page": "172", "parenthetical": "holding solicitation to commit common law robbery is \"an act of depravity[,] . . . involv[es] moral turpitude[,] . . . and [reveals] a mind fatally bent on mischief and a heart devoid of social duties\"" } ], "opinion_index": 0, "case_paths": [ "/nc/317/0164-01" ] }, { "cite": "274 S.E.2d 852", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1981, "pin_cites": [ { "page": "853", "parenthetical": "stating that the superior court does not have jurisdiction over an offense if the indictment fails to allege the elements of a felony" } ], "opinion_index": 0 }, { "cite": "50 N.C. App. 679", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 2677986 ], "year": 1981, "pin_cites": [ { "page": "681", "parenthetical": "stating that the superior court does not have jurisdiction over an offense if the indictment fails to allege the elements of a felony" } ], "opinion_index": 0, "case_paths": [ "/nc-app/50/0679-01" ] }, { "cite": "396 S.E.2d 616", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1990, "pin_cites": [ { "page": "619" } ], "opinion_index": 0 }, { "cite": "100 N.C. App. 286", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8526696 ], "year": 1990, "pin_cites": [ { "page": "292" } ], "opinion_index": 0, "case_paths": [ "/nc-app/100/0286-01" ] }, { "cite": "459 S.E.2d 510", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1995, "opinion_index": 0 }, { "cite": "341 N.C. 173", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 793125 ], "year": 1995, "opinion_index": 0, "case_paths": [ "/nc/341/0173-01" ] }, { "cite": "446 S.E.2d 599", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 1994, "pin_cites": [ { "page": "602" }, { "page": "602" } ], "opinion_index": 0 }, { "cite": "116 N.C. App. 89", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8522280 ], "weight": 2, "year": 1994, "pin_cites": [ { "page": "94" }, { "page": "94" } ], "opinion_index": 0, "case_paths": [ "/nc-app/116/0089-01" ] }, { "cite": "325 S.E.2d 686", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 1985, "pin_cites": [ { "page": "688" }, { "page": "688" } ], "opinion_index": 0 }, { "cite": "73 N.C. App. 174", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8522692 ], "weight": 2, "year": 1985, "pin_cites": [ { "page": "176" }, { "page": "176" } ], "opinion_index": 0, "case_paths": [ "/nc-app/73/0174-01" ] }, { "cite": "431 S.E.2d 188", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1993, "pin_cites": [ { "page": "191" } ], "opinion_index": 0 }, { "cite": "334 N.C. 54", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 2529763 ], "year": 1993, "pin_cites": [ { "page": "59" } ], "opinion_index": 0, "case_paths": [ "/nc/334/0054-01" ] } ], "analysis": { "cardinality": 414, "char_count": 6562, "ocr_confidence": 0.771, "pagerank": { "raw": 6.947350571069355e-08, "percentile": 0.4211726243499138 }, "sha256": "2500528a0a77ffdb4f7982cb2b0f3d6b14d59b716beb6245b7b19a483e24d0b1", "simhash": "1:05abb62f4473a6f2", "word_count": 1080 }, "last_updated": "2023-07-14T20:54:48.563497+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges MARTIN, John C., and MARTIN, Mark D., concur." ], "parties": [ "STATE OF NORTH CAROLINA v. STEVEN WAYNE BELL" ], "opinions": [ { "text": "EAGLES, Judge.\nDefendant argues that the superior court erred in denying defendant\u2019s motion to dismiss because the superior court lacked jurisdiction to try the case. The superior court has \u201cexclusive, original jurisdiction\u201d to try defendants accused of felonies. G.S. 7A-271(a). The district court has jurisdiction over the trial of misdemeanors. G.S. 7A-272(a). Defendant argues that the superior court lacked jurisdiction over defendant\u2019s case because defendant was charged with a misdemeanor and the indictment did not raise the offense to a felony pursuant to G.S. 14-3(b). We agree.\nAn attempt to commit a felony is a misdemeanor. State v. Collins, 334 N.C. 54, 59, 431 S.E.2d 188,191 (1993). Defendant was indicted for \u201cAttempted Second Degree Kidnapping . . . for the purpose of facilitating the commission of a felony.\u201d Pursuant to G.S. 14-3(b), a misdemeanor is elevated to a Class H felony if the misdemeanor offense is \u201cinfamous, done in secrecy and malice, or with deceit and intent to defraud.\u201d Here, the misdemeanor charge of attempted second degree kidnapping was never elevated to a Class H felony.\nA bill of indictment \u201cmust allege all essential elements of the offense to be charged . . . [so] that the defendant may be adequately informed of the offense with which he is charged . . . [and may] have a reasonable opportunity to prepare his defense.\u201d State v. Preston, 73 N.C. App. 174, 176, 325 S.E.2d 686, 688 (1985). The indictment charging defendant with attempted second degree kidnapping stated that defendant \u201cunlawfully, willfully and feloniously did attempt to kidnap Lisa Bunnell [sic], ... by unlawfully restraining her and removing her from one place to another, without her consent, and for the purpose of facilitating the commission of a felony.\u201d The indictment failed to charge that the offense was \u201cinfamous\u201d or \u201cdone in secrecy and malice\u201d or done \u201cwith deceit and intent to defraud.\u201d To elevate the misdemeanor offense to a felony pursuant to G.S. 14-3(b), the indictment must specifically state that the offense was \u201cinfamous\u201d or \u201cdone in secrecy and malice\u201d or done \u201cwith deceit and intent to defraud.\u201d State v. Rambert, 116 N.C. App. 89, 94, 446 S.E.2d 599, 602 (1994), reversed in part and remanded in part on other grounds, 341 N.C. 173, 459 S.E.2d 510 (1995); State v. Clemmons, 100 N.C. App. 286, 292, 396 S.E.2d 616, 619 (1990); Preston, 73 N.C. App. at 176, 325 S.E.2d at 688. The indictment here failed to notify defendant that the State sought a conviction for a felony; the indictment only charged defendant with a misdemeanor. Accordingly, the superior court did not have subject matter jurisdiction over the case. See State v. Jarvis, 50 N.C. App. 679, 681, 274 S.E.2d 852, 853 (1981) (stating that the superior court does not have jurisdiction over an offense if the indictment fails to allege the elements of a felony).\nIf the State had properly alleged in the indictment that the offense charged was \u201cinfamous,\u201d see Rambert, 116 N.C. App. at 94, 446 S.E.2d at 602, we believe that attempted second degree kidnapping would meet the requirements of an \u201cinfamous\u201d offense within the meaning of G.S. 14-3(b). See State v. Mann, 317 N.C. 164, 172, 345 S.E.2d 365, 370 (1986) (holding solicitation to commit common law robbery is \u201can act of depravity[,] . . . involv[es] moral turpitude[,] . . . and [reveals] a mind fatally bent on mischief and a heart devoid of social duties\u201d).\nBecause we hold that the superior court lacked subject matter jurisdiction over defendant\u2019s case, we need not address defendant\u2019s remaining assignments of error.\nVacated and remanded.\nJudges MARTIN, John C., and MARTIN, Mark D., concur.", "type": "majority", "author": "EAGLES, Judge." } ], "attorneys": [ "Attorney General Michael F. Easley, by Assistant Attorney General Harriet F. Worley, for the State.", "Boose & McSwain, by Ronald D. McSwain, for defendant-appellant." ], "corrections": "", "head_matter": "STATE OF NORTH CAROLINA v. STEVEN WAYNE BELL\nNo. COA95-291\n(Filed 5 March 1996)\nCriminal Law \u00a7 6 (NCI4th)\u2014 misdemeanor charged in indictment \u2014 no jurisdiction of superior court\nThe superior court lacked jurisdiction over defendant\u2019s case where defendant was charged with the misdemeanor of attempted second degree kidnapping, and that charge was never elevated to a felony pursuant to N.C.G.S. \u00a7 14-3(b) by an allegation that the offense was \u201cinfamous\u201d or \u201cdone in secrecy and malice\u201d or done \u201cwith deceit and intent to defraud.\u201d\nAm Jur 2d, Criminal Law \u00a7\u00a7 24, 25.\nAppeal by defendant from order entered 29 July 1994 and judgment and commitment entered 17 November 1994 by Judge Wiley F. Bowen in Cumberland County Superior Court. Heard in the Court of Appeals 9 January 1996.\nThis appeal arises from defendant\u2019s conviction for attempted second degree kidnapping. At trial, the State\u2019s evidence tended to show that during the evening of 31 July 1992, Lisa Bunner and her nine-year-old daughter went to the Winn-Dixie grocery store in Falcon Village Shopping Center in Fayetteville, North Carolina. After Ms. Bunner finished her shopping, she and her daughter returned to their parked car in a well-lighted portion of the parking lot. Ms. Bunner unlocked the driver\u2019s side door and then reached over and unlocked the passenger\u2019s side door for her daughter. Ms. Bunner, still standing outside the car, reached into the car again to unlock the back door on her side of the car. When she turned, she realized that a man, later identified as defendant, was standing behind the back door next to her. Defendant was carrying a case of beer and Ms. Bunner could smell alcohol on his breath. Ms. Bunner testified that defendant said \u201cI\u2019d like to get to know you better\u201d and Ms. Bunner then asked defendant to leave. Defendant moved closer to Ms. Bunner while she tried to pick up the groceries she had dropped on the ground. As she pushed against him to try to get into her car, she noticed that her daughter had run into the grocery store. Ms. Bunner got into her car, but defendant then pulled out a knife and stuck it to her ribs. Defendant began forcing his way into the car but Ms. Bunner \u201csquirmed\u201d across the front seat, got out of the car through the passenger side door, and ran to the store. Defendant ran from the parking lot, but Ms. Bunner described defendant to the law enforcement officer who arrived on the scene. Defendant was apprehended shortly thereafter not far from the grocery store.\nDefendant was indicted on 16 November 1992 for attempted second degree kidnapping. A jury found defendant guilty of attempted second degree kidnapping and the trial court sentenced defendant to ten years in prison. Defendant appeals.\nAttorney General Michael F. Easley, by Assistant Attorney General Harriet F. Worley, for the State.\nBoose & McSwain, by Ronald D. McSwain, for defendant-appellant." }, "file_name": "0700-01", "first_page_order": 734, "last_page_order": 736 }