{
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  "name": "STATE OF NORTH CAROLINA v. ISRAEL CAMPOS GARCIA",
  "name_abbreviation": "State v. Garcia",
  "decision_date": "2001-11-06",
  "docket_number": "No. COA00-1267",
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      "cite": "N.C. Gen. Stat. \u00a7 14-33",
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  "casebody": {
    "judges": [
      "Judges HUNTER and THOMAS concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. ISRAEL CAMPOS GARCIA"
    ],
    "opinions": [
      {
        "text": "GREENE, Judge.\nIsrael Campos Garcia (Defendant) appeals a judgment dated 15 March 2000 entered consistent with a jury verdict finding him guilty of simple assault.\nOn 13 February 1998, a Mecklenburg County Magistrate issued a warrant for Defendant\u2019s arrest finding there was probable cause that on 12 February 1998, Defendant \u201cdid unlawfully, and willfully assault Lori Rupp [(Rupp)] by means of jumping from the bushes and chasing the victim causing her to deviate from her normal activities\u201d in violation of N.C. Gen. Stat. \u00a7 14-33(a).\nPrior to trial, Defendant made a motion to dismiss the warrant against him arguing there was no indication in the arrest warrant on what theory of assault the State intended to proceed, specifically the warrant failed to allege \u201charmful or offensive touching . . . [or] a reasonable apprehension of immediate bodily harm.\u201d The State contended the warrant alleged an assault by \u201cshow of violence\u201d and alleged facts supporting elements that Rupp was \u201cscared of immediate bodily harm or unwilful [sic] contact... [and Defendant\u2019s] actions caused her to deviate from her normal activities.\u201d The trial court denied Defendant\u2019s motion.\nThe dispositive issue is whether an arrest warrant for simple assault by show of violence sufficiently alleges the crime when it omits facts supporting a \u201creasonable apprehension of immediate bodily harm\u201d on the part of the victim.\nA warrant for an arrest \u201cmust contain a statement of the crime of which the person to be arrested is accused. No warrant for arrest. .. is invalid because of any technicality of pleading if the statement is sufficient to identify the crime.\u201d N.C.G.S. \u00a7 15A-304(c) (1999). If the arrest warrant, however, is used as a criminal pleading pursuant to N.C. Gen. Stat. \u00a7 15A-921(3), it must contain \u201c[a] plain and concise factual statement... which... asserts facts supporting every element of [the] criminal offense and the defendant\u2019s commission thereof with sufficient precision clearly to apprise the defendant ... of the conduct which is the subject of the accusation.\u201d N.C.G.S. \u00a7 15A-924(a)(5) (1999). Generally, a warrant which substantially follows \u201cthe words of the statute is sufficient [as a criminal pleading] when it charges the essentials of the offense in a plain, intelligible, and explicit manner.\u201d State v. Barneycastle, 61 N.C. App. 694, 697, 301 S.E.2d 711, 713 (1983). If the statutory language, however, \u201cfails to set forth the essentials of the offense, then the statutory language must be supplemented by other allegations which plainly, intelligibly, and explicitly set forth every essential element of the offense as to leave no doubt in the mind of the defendant and the court as to the offense intended to be charged.\u201d Id.\nThe statute under which Defendant is charged, N.C. Gen. Stat. \u00a7 14-33(a), does not list the essentials of the offense of simple assault. See N.C.G.S. \u00a7 14-33(a) (1999). Therefore, in order to charge a defendant with assault under N.C. Gen. Stat. \u00a7 14-33(a), the statutory language must be supplemented by other allegations. A warrant charging an assault by show of violence must allege: (1) a show of violence by the defendant; (2) \u201caccompanied by reasonable apprehension of immediate bodily harm or injury on the part of the person assailed\u201d; (3) causing the victim \u201cto engage in a course of conduct which [s]he would not otherwise have followed.\u201d See State v. McDaniel, 111 N.C. App. 888, 891, 433 S.E.2d 795, 797-98 (1993) (setting forth the elements for assault by show of violence).\nIn this case, the State argues the arrest warrant charged Defendant with an assault by show of violence. While the arrest warrant alleged an assault and listed facts supporting the elements of a show of violence (Defendant jumping from the bushes and chasing Rupp) and a deviation from her normal activities by the victim, the arrest warrant fails to allege any facts to support the element of \u201creasonable apprehension of immediate bodily harm or injury on the part of the person assailed.\u201d As this is an essential element of an assault by show of violence, the arrest warrant, by omitting facts supporting the element of a \u201creasonable apprehension of immediate bodily harm,\u201d fails to charge Defendant with the commission of an assault under this theory. Accordingly, as the arrest warrant failed to sufficiently charge Defendant with a crime in the manner required by N.C. Gen. Stat. \u00a7 15A-924(a)(5), the trial -court erred in failing to dismiss the charge as stated in the criminal pleading. See N.C.G.S. \u00a7 15A-924(e) (1999); see also N.C.G.S. \u00a7 15A-954(a)(10) (1999) (the trial court must dismiss the charge against a defendant if the criminal pleading fails to charge an offense); State v. Madry, 140 N.C. App. 600, 601, 537 S.E.2d 827, 828 (2000) (warrant insufficient because \u201cit did not adequately apprise defendant of the specific offense with which he was being charged\u201d).\nVacated.\nJudges HUNTER and THOMAS concur.",
        "type": "majority",
        "author": "GREENE, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Roy Cooper, by Assistant Attorney General Sueanna P. Sumpter, for the State.",
      "Public Defender Isabel Scott Day, by Assistant Public Defender Julie Ramseur Lewis, for defendant-appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. ISRAEL CAMPOS GARCIA\nNo. COA00-1267\n(Filed 6 November 2001)\nAssault\u2014 show of violence \u2014 arrest warrant \u2014 reasonable apprehension of immediate bodily harm\nThe trial court erred by failing to dismiss the charge of simple assault by show of violence under N.C.G.S. \u00a7 14-33(a) because the arrest warrant did not sufficiently allege the crime when it omitted facts supporting the element of a reasonable apprehension of immediate bodily harm on the part of the victim.\nAppeal by defendant from judgment dated 15 March 2000 by Judge Jesse B. Caldwell, III in Mecklenburg County Superior Court. Heard in the Court of Appeals 9 October 2001.\nAttorney General Roy Cooper, by Assistant Attorney General Sueanna P. Sumpter, for the State.\nPublic Defender Isabel Scott Day, by Assistant Public Defender Julie Ramseur Lewis, for defendant-appellant."
  },
  "file_name": "0745-01",
  "first_page_order": 777,
  "last_page_order": 779
}