{ "id": 4168890, "name": "STATE OF NORTH CAROLINA v. ROBERT PAUL RAINEY", "name_abbreviation": "State v. Rainey", "decision_date": "2009-08-04", "docket_number": "No. COA08-1466", "first_page": "427", "last_page": "443", "citations": [ { "type": "official", "cite": "198 N.C. App. 427" } ], "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": "660 S.E.2d 151", "category": "reporters:state_regional", "reporter": "S.E.2d", "case_ids": [ 12640842 ], "weight": 2, "year": 2008, "pin_cites": [ { "page": "153" }, { "page": "155" } ], "opinion_index": 0, "case_paths": [ "/se2d/660/0151-01" ] }, { "cite": "647 S.E.2d 628", "category": "reporters:state_regional", "reporter": "S.E.2d", "case_ids": [ 12638968 ], "weight": 3, "year": 2007, "pin_cites": [ { "page": "633" }, { "page": "635" }, { "parenthetical": "emphasis added" } ], "opinion_index": 0, "case_paths": [ "/se2d/647/0628-01" ] }, { "cite": "291 S.E.2d 302", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1982, "pin_cites": [ { "page": "304" } ], "opinion_index": 0 }, { "cite": "57 N.C. App. 294", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8523944 ], "year": 1982, "pin_cites": [ { "page": "297" } ], "opinion_index": 0, "case_paths": [ "/nc-app/57/0294-01" ] }, { "cite": "402 S.E.2d 386", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 1991, "pin_cites": [ { "page": "392" } ], "opinion_index": 0 }, { "cite": "328 N.C. 477", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 2539039 ], "year": 1991, "pin_cites": [ { "page": "490" } ], "opinion_index": 0, "case_paths": [ "/nc/328/0477-01" ] }, { "cite": "487 S.E.2d 751", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1997, "pin_cites": [ { "page": "756-57", "parenthetical": "quoting State v. Thompson, 328 N.C. 477, 490, 402 S.E.2d 386, 392 (1991)" } ], "opinion_index": 0 }, { "cite": "346 N.C. 750", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 139491 ], "year": 1997, "pin_cites": [ { "page": "758", "parenthetical": "quoting State v. Thompson, 328 N.C. 477, 490, 402 S.E.2d 386, 392 (1991)" } ], "opinion_index": 0, "case_paths": [ "/nc/346/0750-01" ] }, { "cite": "231 S.E.2d 833", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1977, "pin_cites": [ { "page": "842" } ], "opinion_index": 0 }, { "cite": "291 N.C. 480", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8558733 ], "year": 1977, "pin_cites": [ { "page": "494" } ], "opinion_index": 0, "case_paths": [ "/nc/291/0480-01" ] }, { "cite": "607 S.E.2d 325", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2005, "pin_cites": [ { "page": "328", "parenthetical": "quoting State v. Irick, 291 N.C. 480, 494, 231 S.E.2d 833, 842 (1977)" } ], "opinion_index": 0 }, { "cite": "168 N.C. App. 359", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8469597 ], "year": 2005, "pin_cites": [ { "page": "362-63", "parenthetical": "quoting State v. Irick, 291 N.C. 480, 494, 231 S.E.2d 833, 842 (1977)" } ], "opinion_index": 0, "case_paths": [ "/nc-app/168/0359-01" ] }, { "cite": "445 S.E.2d 866", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1994, "pin_cites": [ { "page": "878" } ], "opinion_index": 0 }, { "cite": "336 N.C. 684", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 2534292 ], "year": 1994, "pin_cites": [ { "page": "706" } ], "opinion_index": 0, "case_paths": [ "/nc/336/0684-01" ] }, { "cite": "572 S.E.2d 857", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2002, "pin_cites": [ { "page": "860", "parenthetical": "quoting State v. Fisher, 336 N.C. 684, 706, 445 S.E.2d 866, 878 (1994)" } ], "opinion_index": 0 }, { "cite": "154 N.C. App. 692", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 9251773 ], "year": 2002, "pin_cites": [ { "page": "696", "parenthetical": "quoting State v. Fisher, 336 N.C. 684, 706, 445 S.E.2d 866, 878 (1994)" } ], "opinion_index": 0, "case_paths": [ "/nc-app/154/0692-01" ] }, { "cite": "501 S.E.2d 625", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1998, "pin_cites": [ { "page": "642" } ], "opinion_index": 0 }, { "cite": "348 N.C. 377", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 1659773 ], "year": 1998, "pin_cites": [ { "page": "405-06" } ], "opinion_index": 0, "case_paths": [ "/nc/348/0377-01" ] }, { "cite": "517 S.E.2d 853", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1999, "pin_cites": [ { "page": "866", "parenthetical": "quoting State v. Hipps, 348 N.C. 377, 405-06, 501 S.E.2d 625, 642 (1998)" } ], "opinion_index": 0 }, { "cite": "350 N.C. 741", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 132003 ], "year": 1999, "pin_cites": [ { "page": "761", "parenthetical": "quoting State v. Hipps, 348 N.C. 377, 405-06, 501 S.E.2d 625, 642 (1998)" } ], "opinion_index": 0, "case_paths": [ "/nc/350/0741-01" ] }, { "cite": "406 S.E.2d 876", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1991, "pin_cites": [ { "page": "881" } ], "opinion_index": 0 }, { "cite": "329 N.C. 278", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 2554614 ], "year": 1991, "pin_cites": [ { "page": "307" } ], "opinion_index": 0, "case_paths": [ "/nc/329/0278-01" ] }, { "cite": "451 S.E.2d 157", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1994, "opinion_index": 0 }, { "cite": "338 N.C. 569", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 2518853 ], "year": 1994, "opinion_index": 0, "case_paths": [ "/nc/338/0569-01" ] }, { "cite": "392 S.E.2d 642", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1990, "pin_cites": [ { "page": "645" } ], "opinion_index": 0 }, { "cite": "99 N.C. App. 67", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8521013 ], "year": 1990, "pin_cites": [ { "page": "71" } ], "opinion_index": 0, "case_paths": [ "/nc-app/99/0067-01" ] }, { "cite": "540 S.E.2d 423", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2000, "pin_cites": [ { "page": "431" } ], "opinion_index": 0 }, { "cite": "141 N.C. App. 378", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 9441388 ], "year": 2000, "pin_cites": [ { "page": "389-90" } ], "opinion_index": 0, "case_paths": [ "/nc-app/141/0378-01" ] }, { "cite": "404 S.E.2d 191", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 1991, "pin_cites": [ { "page": "197" }, { "page": "197" } ], "opinion_index": 0 }, { "cite": "103 N.C. App. 1", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8519288 ], "weight": 2, "year": 1991, "pin_cites": [ { "page": "9" }, { "page": "9" } ], "opinion_index": 0, "case_paths": [ "/nc-app/103/0001-01" ] }, { "cite": "514 S.E.2d 116", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1999, "pin_cites": [ { "page": "119" } ], "opinion_index": 0 }, { "cite": "133 N.C. App. 31", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 11215554 ], "year": 1999, "pin_cites": [ { "page": "34" } ], "opinion_index": 0, "case_paths": [ "/nc-app/133/0031-01" ] }, { "cite": "287 S.E.2d 824", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1982, "pin_cites": [ { "page": "826" } ], "opinion_index": 0 }, { "cite": "305 N.C. 285", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8567606 ], "year": 1982, "pin_cites": [ { "page": "288" } ], "opinion_index": 0, "case_paths": [ "/nc/305/0285-01" ] }, { "cite": "468 S.E.2d 840", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1996, "pin_cites": [ { "page": "843", "parenthetical": "holding that a \"reasonable view of this evidence is that defendant, by failing to. appear for trial, attempted to avoid prosecution for the offenses charged\"" } ], "opinion_index": 0 }, { "cite": "122 N.C. App. 229", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 11916462 ], "year": 1996, "pin_cites": [ { "page": "232", "parenthetical": "holding that a \"reasonable view of this evidence is that defendant, by failing to. appear for trial, attempted to avoid prosecution for the offenses charged\"" } ], "opinion_index": 0, "case_paths": [ "/nc-app/122/0229-01" ] }, { "cite": "109 S.E. 45", "category": "reporters:state_regional", "reporter": "S.E.", "weight": 2, "year": 1921, "pin_cites": [ { "page": "47", "parenthetical": "quoting Charles Frederic Chamberlayne, Hand Book on the Law of Evidence 424 (Arthur W. Blakemore and Dewitt C. Moore eds., Matthew Bender & Company) (1919)" }, { "page": "47" } ], "opinion_index": 0 }, { "cite": "182 N.C. 911", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8659569 ], "weight": 2, "year": 1921, "pin_cites": [ { "page": "914", "parenthetical": "quoting Charles Frederic Chamberlayne, Hand Book on the Law of Evidence 424 (Arthur W. Blakemore and Dewitt C. Moore eds., Matthew Bender & Company) (1919)" }, { "page": "914" } ], "opinion_index": 0, "case_paths": [ "/nc/182/0911-01" ] }, { "cite": "476 S.E.2d 349", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1996, "pin_cites": [ { "page": "360" } ], "opinion_index": 0 }, { "cite": "344 N.C. 511", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 867652 ], "year": 1996, "pin_cites": [ { "page": "535" } ], "opinion_index": 0, "case_paths": [ "/nc/344/0511-01" ] }, { "cite": "196 S.E.2d 697", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1973, "pin_cites": [ { "page": "698" } ], "opinion_index": 0 }, { "cite": "283 N.C. 520", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8559299 ], "year": 1973, "pin_cites": [ { "page": "523" } ], "opinion_index": 0, "case_paths": [ "/nc/283/0520-01" ] }, { "cite": "187 S.E.2d 93", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1972, "pin_cites": [ { "page": "97" } ], "opinion_index": 0 }, { "cite": "280 N.C. 665", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8573255 ], "year": 1972, "pin_cites": [ { "page": "672" } ], "opinion_index": 0, "case_paths": [ "/nc/280/0665-01" ] }, { "cite": "190 N.C. App. 420", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 4158837 ], "year": 2008, "pin_cites": [ { "page": "423" } ], "opinion_index": 0, "case_paths": [ "/nc-app/190/0420-01" ] }, { "cite": "337 S.E.2d 510", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1985, "pin_cites": [ { "page": "514", "parenthetical": "quotation omitted" } ], "opinion_index": 0 }, { "cite": "315 N.C. 273", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4714446 ], "year": 1985, "pin_cites": [ { "page": "278", "parenthetical": "quotation omitted" } ], "opinion_index": 0, "case_paths": [ "/nc/315/0273-01" ] }, { "cite": "525 S.E.2d 830", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2000, "pin_cites": [ { "page": "836" } ], "opinion_index": 0 }, { "cite": "136 N.C. App. 683", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 11241611 ], "year": 2000, "pin_cites": [ { "page": "692" } ], "opinion_index": 0, "case_paths": [ "/nc-app/136/0683-01" ] }, { "cite": "457 S.E.2d 862", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1995, "pin_cites": [ { "page": "872" } ], "opinion_index": 0 }, { "cite": "340 N.C. 301", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 790199 ], "year": 1995, "pin_cites": [ { "page": "317" } ], "opinion_index": 0, "case_paths": [ "/nc/340/0301-01" ] }, { "cite": "476 S.E.2d 301", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1996, "pin_cites": [ { "page": "315", "parenthetical": "quoting State v. Jackson, 340 N.C. 301, 317, 457 S.E.2d 862, 872 (1995)" } ], "opinion_index": 0 }, { "cite": "344 N.C. 482", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 867623 ], "year": 1996, "pin_cites": [ { "page": "507", "parenthetical": "quoting State v. Jackson, 340 N.C. 301, 317, 457 S.E.2d 862, 872 (1995)" } ], "opinion_index": 0, "case_paths": [ "/nc/344/0482-01" ] }, { "cite": "394 S.E.2d 158", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1990, "pin_cites": [ { "page": "163" } ], "opinion_index": 0 }, { "cite": "327 N.C. 194", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 2499305 ], "year": 1990, "pin_cites": [ { "page": "202" } ], "opinion_index": 0, "case_paths": [ "/nc/327/0194-01" ] }, { "cite": "323 S.E.2d 403", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1984, "pin_cites": [ { "page": "406" } ], "opinion_index": 0 }, { "cite": "71 N.C. App. 681", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8526215 ], "year": 1984, "pin_cites": [ { "page": "684" } ], "opinion_index": 0, "case_paths": [ "/nc-app/71/0681-01" ] }, { "cite": "432 U.S. 98", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6177400 ], "weight": 2, "year": 1977, "pin_cites": [ { "page": "114" }, { "page": "154" } ], "opinion_index": 0, "case_paths": [ "/us/432/0098-01" ] }, { "cite": "301 S.E.2d 91", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1983, "pin_cites": [ { "page": "94" } ], "opinion_index": 0 }, { "cite": "308 N.C. 159", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4710741 ], "year": 1983, "pin_cites": [ { "page": "162" } ], "opinion_index": 0, "case_paths": [ "/nc/308/0159-01" ] }, { "cite": "308 S.E.2d 293", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1983, "pin_cites": [ { "page": "295" } ], "opinion_index": 0 }, { "cite": "309 N.C. 606", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4760471 ], "year": 1983, "pin_cites": [ { "page": "610" } ], "opinion_index": 0, "case_paths": [ "/nc/309/0606-01" ] }, { "cite": "361 S.E.2d 551", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 4, "year": 1987, "pin_cites": [ { "page": "554", "parenthetical": "quoting State v. Grimes, 309 N.C. 606, 610, 308 S.E.2d 293, 295 (1983)" }, { "page": "553" }, { "page": "553", "parenthetical": "emphasis added" } ], "opinion_index": 0 }, { "cite": "321 N.C. 19", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 2572499 ], "year": 1987, "pin_cites": [ { "page": "25", "parenthetical": "quoting State v. Grimes, 309 N.C. 606, 610, 308 S.E.2d 293, 295 (1983)" } ], "opinion_index": 0, "case_paths": [ "/nc/321/0019-01" ] }, { "cite": "539 S.E.2d 677", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 3, "year": 2000, "pin_cites": [ { "page": "680", "parenthetical": "citation omitted" }, { "page": "680" } ], "opinion_index": 0 }, { "cite": "141 N.C. App. 448", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 9441556 ], "year": 2000, "pin_cites": [ { "page": "451", "parenthetical": "citation omitted" } ], "opinion_index": 0, "case_paths": [ "/nc-app/141/0448-01" ] }, { "cite": "571 S.E.2d 645", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2002, "pin_cites": [ { "page": "647-48", "parenthetical": "holding that two general objections were insufficient to properly preserve the issue" } ], "opinion_index": 0 }, { "cite": "154 N.C. App. 148", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 9249192 ], "year": 2002, "pin_cites": [ { "page": "151-52", "parenthetical": "holding that two general objections were insufficient to properly preserve the issue" } ], "opinion_index": 0, "case_paths": [ "/nc-app/154/0148-01" ] }, { "cite": "467 S.E.2d 12", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1996, "pin_cites": [ { "page": "20" } ], "opinion_index": 0 }, { "cite": "342 N.C. 523", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 795977 ], "year": 1996, "pin_cites": [ { "page": "535" } ], "opinion_index": 0, "case_paths": [ "/nc/342/0523-01" ] }, { "cite": "429 S.E.2d 724", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 7, "year": 1993, "pin_cites": [ { "page": "765" }, { "page": "730" }, { "page": "765-66" }, { "page": "730" }, { "page": "766" }, { "page": "730" } ], "opinion_index": 0 }, { "cite": "333 N.C. 756", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 2547016 ], "year": 1993, "opinion_index": 0, "case_paths": [ "/nc/333/0756-01" ] }, { "cite": "340 S.E.2d 350", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1986, "pin_cites": [ { "page": "357", "parenthetical": "quoting Commentary, N.C. Gen. Stat. \u00a7 8C-1, Rule 403 (1985)" } ], "opinion_index": 0 }, { "cite": "315 N.C. 762", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4714140 ], "year": 1986, "pin_cites": [ { "page": "772", "parenthetical": "quoting Commentary, N.C. Gen. Stat. \u00a7 8C-1, Rule 403 (1985)" } ], "opinion_index": 0, "case_paths": [ "/nc/315/0762-01" ] }, { "cite": "460 S.E.2d 123", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1995, "pin_cites": [ { "page": "131" } ], "opinion_index": 0 }, { "cite": "341 N.C. 36", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 793072 ], "year": 1995, "pin_cites": [ { "page": "50" } ], "opinion_index": 0, "case_paths": [ "/nc/341/0036-01" ] }, { "cite": "451 S.E.2d 266", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1994, "pin_cites": [ { "page": "270" } ], "opinion_index": 0 }, { "cite": "339 N.C. 441", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 2558515 ], "year": 1994, "pin_cites": [ { "page": "449" } ], "opinion_index": 0, "case_paths": [ "/nc/339/0441-01" ] }, { "cite": "185 N.C. App. 18", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8208383 ], "weight": 2, "year": 2007, "pin_cites": [ { "page": "23" }, { "page": "26" } ], "opinion_index": 0, "case_paths": [ "/nc-app/185/0018-01" ] }, { "cite": "676 S.E.2d 546", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2009, "pin_cites": [ { "page": "552" } ], "opinion_index": 0 }, { "cite": "197 N.C. App. 78", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 4167356 ], "year": 2009, "pin_cites": [ { "page": "87-88" } ], "opinion_index": 0, "case_paths": [ "/nc-app/197/0078-01" ] }, { "cite": "565 S.E.2d 743", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2002, "pin_cites": [ { "page": "746" } ], "opinion_index": 0 }, { "cite": "151 N.C. App. 486", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 9080890 ], "year": 2002, "pin_cites": [ { "page": "491" } ], "opinion_index": 0, "case_paths": [ "/nc-app/151/0486-01" ] } ], "analysis": { "cardinality": 1391, "char_count": 38636, "ocr_confidence": 0.747, "pagerank": { "raw": 8.91968881120134e-08, "percentile": 0.500452342974436 }, "sha256": "66c8e45a7dbb407df90cc957ce0796fcfabbf4a7cfa664717daaae30889e8726", "simhash": "1:1629c5eb376f8852", "word_count": 6226 }, "last_updated": "2023-07-14T15:51:23.100841+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges STEELMAN and GEER concur." ], "parties": [ "STATE OF NORTH CAROLINA v. ROBERT PAUL RAINEY" ], "opinions": [ { "text": "HUNTER, Robert C., Judge.\nRobert Paul Rainey (\u201cdefendant\u201d) appeals from final judgments entered against him in Rowan County Superior Court pursuant to jury verdicts finding defendant guilty of: (1) two counts of robbery with a dangerous weapon; and (2) one count of assault with a deadly weapon inflicting serious injury. Defendant was sentenced to two consecutive terms of 146 to 185 months imprisonment. After careful review, we find no error.\nI. Background\nThe State\u2019s evidence tended to show that on 7 March 2004, defendant, Ian Mill (\u201cMill\u201d), Tony Williams (\u201cWilliams\u201d), Bryan Merrill (\u201cMerrill\u201d), Oscar Mendoza (\u201cMendoza\u201d), and Jamika Gadson (\u201cGadson\u201d) arrived at the home of Billy Roberts (\u201cRoberts\u201d). Before the gathering at Roberts\u2019s house, Mill had called defendant, Williams, and Merrill to inform them that Mendoza would be arriving with a large amount of money, and the three men decided to rob Mendoza. At some point during the evening, Mendoza and Mill left Roberts\u2019s home together. Mendoza testified that he and Mill planned to go to a grocery store, while Mill testified that Mendoza wanted to go purchase drugs. Mill testified that defendant had told him to drive Mendoza to meet defendant, Williams, and Merrill behind a church, the prearranged location for the robbery.\nOnce Mill and Mendoza arrived at the church, defendant aimed a shotgun at Mendoza, who ran, but was caught by the group. Mendoza was beaten and robbed. At trial, Mendoza testified that defendant hit him with the shotgun during the altercation and stated, \u201c T hope this spic is dead.\u2019 \u201d Mendoza also testified that four people from the party were behind the church at the time of the robbery, including defendant, Mill, Williams, and Merrill. Mill testified that defendant, Merrill, and Williams were indeed present. Mill also testified that defendant hit Mendoza with-the shotgun during the robbery.\nAfter being treated and released from the hospital, Mendoza gave a statement to Sergeant Tim Wyrick (\u201cSergeant Wyrick\u201d), a police officer with the Rowan County Sheriff\u2019s Office investigating the robbery. Mendoza told Sergeant Wyrick about the robbery and later contacted him when he recalled the names of his attackers. Sergeant Wyrick presented Mendoza with photographic line-ups, from which Mendoza identified defendant and Mill.\nJamika Gadson was also present at Roberts\u2019s residence on 7 March 2004, but did not go to the church where Mendoza was robbed. Gadson testified that when defendant, Merrill, and Williams returned, they proceeded to rob everyone in the trailer. Gadson testified that defendant hit him in the face with a shotgun. Sergeant Wyrick also investigated the assault and robbery of Gadson after his release from the hospital. Gadson was shown the same photographic line-ups, from which he identified defendant.\nII. Analysis\nA. Taped Telephone Conversations\nDefendant first argues that the trial court erred in failing to grant his motion in limine to exclude taped telephone conversations made by defendant to others while he was incarcerated. Defendant argues that these taped calls are inadmissible hearsay, more prejudicial than probative, and that they are barred by the Confrontation Clause. Defendant\u2019s arguments are without merit.\n\u201cThe trial court has wide discretion in ruling on motions in limine and will not be reversed absent an abuse of discretion.\u201d State v. Maney, 151 N.C. App. 486, 491, 565 S.E.2d 743, 746 (2002). With regard to evidence that has been admitted over a hearsay objection, this Court reviews the trial court\u2019s decision de novo. State v. Miller, 197 N.C. App. 78, 87-88, 676 S.E.2d 546, 552 (2009).\nThe recorded conversations at issue, presented at trial as Exhibits 55-58, were between defendant and Melissa Garrison (\u201cGarrison\u201d), with Ian Mill or Cami Mill (\u201cCami\u201d) taking part in several three-way calls. Sergeant Wyrick testified that he recognized the voices on the recordings as defendant, Garrison, Mill, and Cami. Defendant told Garrison in call number five, \u201cYou gonna have to help me get out of here. You know how stupid \u2014 you can\u2019t believe how stupid that s\u2014 was, I was just showing off, you know what I\u2019m saying?\u201d\nIn other calls, defendant attempts to coordinate a cover story. Call number eleven starts with defendant telling Garrison \u201cThis is the deal- \u2014 this is what I want Cami, Ian, Christy, \u2014 everybody, OK?\u201d Defendant then outlines a version of events, saying, \u201c[Everybody saw that there was a fight, but there was [sic] no guns and there was no . . . motherf- robbery.\u201d Defendant continues, \u201cI\u2019m going to prison, OK? I accept that, but I\u2019m trying to minimize it.... I\u2019ll take the charge for kicking the Mexican\u2019s a \u2014 , but there was no robbery, all ya\u2019ll are my witnesses, all I did was kick his a \u2014 .\u201d Defendant then asks Garrison to repeat the story and they finalize the details.\nThe recorded conversations also depict defendant making plans to interfere with witness testimony. In call number four, defendant tells Mill, \u201cYou need to tell this motherf-something, man, he can get some money, he can get some dope, or whatever, you know what I\u2019m saying? ... He don\u2019t need to pursue this, man.\u201d Also, defendant says, \u201c[W]hile you\u2019re free . . . you need to get these motherf-\u25a0 to. retract that s \u2014 . . . . Look, I don\u2019t give a f-money, dope, death threats \u2014 whatever, you know what I\u2019m saying?\u201d In call number five, defendant tells Mill and Garrison, \u201cIf they\u2019ll say what I g-want \u2019em to say, the g-charges will be dropped. That\u2019s what we need, cause we all [sic] in a motherf-bind . . . .\u201d\nAfter reviewing the telephone conversations, we find that they qualify as party admissions, an exception to the hearsay rule, which is applicable if the statement \u201cis offered against a party and it is [] his own statement. . . .\u201d N.C. Gen. Stat. \u00a7 8C-1, Rule 801(d) (2007). The evidence at trial tended to show that the statements in Exhibits 55-58 were made by defendant and offered against defendant.\nDefendant also argues that the admission of the taped conversations offers little probative value, which is outweighed by undue prejudice. The decision of a trial judge to admit evidence in the face of a Rule 403 objection is given much deference; exclusion on 403 grounds is \u201cleft to the sound discretion of the trial judge\u201d and will be reversed only \u201cwhen the decision is arbitrary or unsupported by reason.\u201d State v. Brockett, 185 N.C. App. 18, 23, 647 S.E.2d 628, 633 (2007); N.C. Gen. Stat. \u00a7 8C-1, Rule 403 (2007).\nWhile all evidence offered against a party involves some prejudicial effect, the fact that evidence is prejudicial does not mean that it is necessarily unfairly prejudicial. State v. Weathers, 339 N.C. 441, 449, 451 S.E.2d 266, 270 (1994); see also State v. Lambert, 341 N.C. 36, 50, 460 S.E.2d 123, 131 (1995). The meaning of \u201c \u2018unfair prejudice\u2019 \u201d in the context of Rule 403 is \u201c \u2018an undue tendency to suggest decision on an improper basis, commonly, though not necessarily, as an emotional one.\u2019 \u201d State v. DeLeonardo, 315 N.C. 762, 772, 340 S.E.2d 350, 357 (1986) (quoting Commentary, N.C. Gen. Stat. \u00a7 8C-1, Rule 403 (1985)). Defendant has not demonstrated any such improper basis.\nThe evidence presented in State v. Daniel, 333 N.C. 756, 429 S.E.2d 724 (1993) is similar to that in the case at bar. There, the defendant claimed that evidence of a taped telephone conversation he had with a sheriff was unfairly prejudicial. Id. at 765, 429 S.E.2d at 730. In the conversation, the defendant admitted shooting the victims and threatened another individual with bodily harm. Id. at 765-66, 429 S.E.2d at 730. The judge in Daniel determined that the taped conversation was probative because the admissions demonstrated \u201cdefendant\u2019s mental state at the time of the shootings[,]\u201d and was not unfairly prejudicial. Id. at 766, 429 S.E.2d at 730.\nSimilarly, the taped conversations in the present case are probative in that defendant indicates he is aware of his guilt. In each of the conversations, defendant appears to be coordinating an alibi with third parties or discussing the intimidation of witnesses, both of which provide evidence of guilt. \u201cGenerally, an attempt by a defendant to intimidate a witness to affect the witness\u2019s testimony is relevant and admissible to show the defendant\u2019s awareness of his guilt.\u201d Brockett, 185 N.C. App. at 26, 647 S.E.2d at 635. Here, we find that the prejudicial effect of Exhibits 55-58 did not outweigh the probative value.\nDefendant further argues that the recorded conversations were barred by the Confrontation Clause. Defendant did not properly preserve this issue for review. N.C.R. App. R 10(b)(1). In his motion in limine, defendant did not object on Confrontation Clause grounds. Defendant did object on constitutional and due process grounds at several points during the redaction hearing, but did not specifically object on Confrontation Clause grounds.\n\u201cIn order to preserve a question for appellate review,\u201d the defendant must object \u201cstating the specific grounds for the ruling the party desired the court to make if the specific grounds were not apparent from the context.\u201d Id. (emphasis added). \u201cA general objection, when overruled, is ordinarily not adequate unless the evidence, considered as a whole, makes it clear that there is no purpose to be served from admitting the evidence.\u201d State v. Jones, 342 N.C. 523, 535, 467 S.E.2d 12, 20 (1996); see also, State v. Perkins, 154 N.C. App. 148, 151-52, 571 S.E.2d 645, 647-48 (2002) (holding that two general objections were insufficient to properly preserve the issue).\nDefendant did not specifically identify the Confrontation Clause as the grounds for his objection as required by Rule 10(b)(1). The general constitutional and due process objections made during trial were not sufficiently specific to preserve the issue for appellate review. N.C.R. App. P. 10(b)(1).\nIn sum, we find no error in the trial court\u2019s admission of Exhibits 55-58 as the statements of defendant qualify as admissions of a party opponent under Rule 801(d) and were not unduly prejudicial. We decline to address defendant\u2019s arguments based on constitutional grounds, which were not properly preserved. The trial court did not err in denying defendant\u2019s motion in limine.\nB. Suppression of Photographic Line-up Identification\nThe second issue on appeal concerns the denial of defendant\u2019s motion to suppress the pre-trial photographic line-ups; specifically, Mendoza\u2019s and Gadson\u2019s identification of defendant through said procedure. Defendant argues that the witnesses\u2019 identifications were based on photographic line-ups that were impermissibly suggestive and resulted in a substantial likelihood of misidentification.\nWhen reviewing a trial court\u2019s denial of a motion to suppress, \u201cthis Court must determine whether competent evidence supports the trial court\u2019s findings of fact. Findings of fact supported by competent evidence are binding on appeal.\u201d State v. Fisher, 141 N.C. App. 448, 451, 539 S.E.2d 677, 680 (2000) (citation omitted). Additionally, the trial court\u2019s conclusions of law are reviewed de novo. Id. The reviewing court \u201cmust not disturb the court\u2019s conclusions if they are supported by the court\u2019s factual findings.\u201d Id. at 451-52, 539 S.E.2d at 680.\n\u201c \u2018[D]ue process does not require that all participants in a lineup be identical, all that is required is that a lineup be a fair one and that the officers conducting it do nothing to induce the witness to select one participant rather than another.\u2019 \u201d State v. Fisher, 321 N.C. 19, 25, 361 S.E.2d 551, 554 (1987) (quoting State v. Grimes, 309 N.C. 606, 610, 308 S.E.2d 293, 295 (1983)). However, \u201c \u2018[identification evidence must be excluded as violating a defendant\u2019s right to due process where the facts reveal a pretrial identification procedure so impermissibly suggestive that there is a very substantial likelihood of irreparable misidentification.\u2019 \u201d Id. at 23, 361 S.E.2d at 553 (quoting State v. Harris, 308 N.C. 159, 162, 301 S.E.2d 91, 94 (1983)). This analysis is comprised of two steps:\nFirst, the Court must determine whether the pretrial identification procedures were unnecessarily suggestive. If the answer to this question is affirmative, the court then must determine whether the unnecessarily suggestive procedures were so impermissibly suggestive that they resulted in a substantial likelihood of irreparable misidentification. Whether a substantial likelihood exists depends on the totality of the circumstances.\nId. at 23, 361 S.E.2d at 553 (emphasis added) (citations omitted). There are several factors to be considered in this analysis, including\n\u201cthe opportunity of the witness to view the criminal at the time of the crime, the witness\u2019 degree of attention, the accuracy of his prior description of the criminal, the level of certainty demonstrated at the confrontation, and the time between the crime and the confrontation. Against these factors is to be weighed the corrupting effect of the suggestive identification itself.\u201d\nId. (quoting Manson v. Brathwaite, 432 U.S. 98, 114, 53 L. Ed. 2d 140, 154 (1977)).\nTo determine whether a pretrial identification procedure is suggestive, the court should consider: (1) \u201cwhether the accused is somehow distinguished from others in the line-up or in a set of photographs\u201d; and (2) \u201cwhether the witness is given some extraneous information by the police which leads her to identify the accused as the perpetrator of the offense.\u201d State v. Wallace, 71 N.C. App. 681, 684, 323 S.E.2d 403, 406 (1984) (Police provided photos of the individuals in the line-up with number tags, but the defendant had a police identification sign with a case number on it. While not approving of the practice, this Court held that this was not suggestive enough to make a misidentification substantially likely.).\nHere, defendant contends that most of the men in the photos were not close in age to defendant and defendant was the only one wearing a red shirt. Defendant also points out that the photo line-up was shown to the witnesses together rather than separately. Additionally, defendant argues that because both witnesses were shown the same line-up with defendant\u2019s picture in the same location within the line-up, this contributed to the impermissible suggestiveness. We find defendant\u2019s argument to be without merit.\nThe trial court made the following findings of fact in its order, which addressed the factors and considerations detailed in Fisher and Wallace:\n7. The victims were not informed of the identity of the photographs selected or the persons in the photographs selected.\n9.While there was some significant age difference between the individuals in the photographic array, that fact was not apparent from the photographs, and there was no identifying data on the photographic array.\n10. All individuals appearing in the array were the same sex and race, and had similar hair color and styles, similar complexions and similar facial hair to the defendant.\n11. The array was presented in a nonsuggestive fashion.\nThese findings of fact are supported by the testimony given by Sergeant Wyrick, who administered the line-ups. Sergeant Wyrick testified that he deliberately selected individuals for the line-up with similar facial features. Sergeant Wyrick further claimed that he followed established police protocols when he gave Mendoza and Gadson the necessary instructions required to conduct the identification. Furthermore, there was no information listed on the photographic line-ups concerning those depicted.\nFrom these findings, the court made the following conclusions of law:\n[T]he Court concludes as a matter of law that the pretrial identification procedure involving the defendant was reliable and was not productive of a substantial likelihood of misidentification given the totality of the circumstances surrounding the pretrial identification procedure, in that\nA. The witnesses\u2019 opportunity to view the accused and observe the physical characteristics of the accused was ample and sufficient to gain a reliable impression of the accused at the time of the crime.\nB. The witnesses\u2019 degree of attention was strong and focused on the accused during the time the witness viewed the accused both prior to and at the scene of the crime.\nC. The witnesses\u2019 level of certainty that the accused was the same person the witness observed at the scene of the crime was firm and unequivocal.\nD. The time lapse between the crime and the pretrial identification procedure was not so long as to significantly diminish the witnesses\u2019 ability to make a strong and reliable identification of the perpetrator.\nE. All of the circumstances and events surrounding the crime and the pretrial identification procedure support the conclusion that the identification testimony by the witness possesses sufficient aspects of reliability.\nThese conclusions, based on the findings supported by the testimony at trial, directly addressed four of the five factors from Fisher. After considering the evidence, the trial judge held that the identification procedure did not result in \u201ca substantial likelihood of misidentification . . . .\u201d\nBased on the trial court\u2019s findings of fact, which were supported by the evidence, and the conclusions of law, we find that the trial court did not err in denying defendant\u2019s motion to suppress the photographic line-ups.\nC. Discovery Violation\nMendoza testified at trial that defendant stated during the robbery, \u201c T hope this spic is dead.\u2019 \u201d Defendant argues that he was not made aware of Mendoza\u2019s testimony prior to trial and therefore, the trial court erred in overruling defendant\u2019s objection to the statement. Defendant claims that the State provided information to defendant prior to trial that Mendoza stated, \u201c \u2018they\u2019 kept saying they hated Mexicans\u201d; however, \u201cnothing was attributed to Mr. Rainey, and certainly not the racial and ethnic slur testified to at trial.\u201d On appeal, defendant argues that this amounts to a violation of the discovery requirements of N.C. Gen. Stat. \u00a7 15A-903 (2007), which requires the State to\n\u201c[m]ake available to the defendant the complete files of all law enforcement and prosecutorial agencies involved in the investigation of the crimes committed or the prosecution of the defendant. The term \u201cfile\u201d includes the defendant\u2019s statements, the codefendants\u2019 statements, witness statements, investigating officers\u2019 notes, results of tests and examinations, or any other matter or evidence obtained during the investigation of the offenses alleged to have been committed by the defendant.\nN.C. Gen. Stat. \u00a7 15A-903(a)(1).\n\u201c[T]he purpose of discovery under our statutes is to protect the defendant from unfair surprise by the introduction of evidence he cannot anticipate.\u201d State v. Payne, 327 N.C. 194, 202, 394 S.E.2d 158, 163 (1990). \u201c \u2018Determining whether the State failed to comply with discovery is a decision left to the sound discretion of the trial court.\u2019 \u201d State v. Workman, 344 N.C. 482, 507, 476 S.E.2d 301, 315 (1996) (quoting State v. Jackson, 340 N.C. 301, 317, 457 S.E.2d 862, 872 (1995)).\n\u201cOur Supreme Court has held that delivery of \u00e1 synopsis of a defendant\u2019s oral statements in response to discovery requests complies with the \u2018substance\u2019 requirement of [the statute].\u201d State v. Johnson, 136 N.C. App. 683, 692, 525 S.E.2d 830, 836 (2000). Additionally, \u201c[n]othing in [\u00a7 15A-903], however, entitles a defendant to have the trial court order the prosecutor to provide him with a description of the \u2018facts and circumstances surrounding his statements.\u2019 \u201d State v. Bruce, 315 N.C. 273, 278, 337 S.E.2d 510, 514 (1985) (quotation omitted).\nSection 15A-903 has been amended several times and does not have an express substance requirement in its current form. However, case law continues to use a form of the substance requirement for determining the sufficiency of disclosures to a defendant. In State v. Zamora-Ramos, the defendant argued that testimony should not have been allowed because \u201cthe State did not provide the defendant with detailed written accounts of each of the-statements made by [the witness] . . . .\u201d 190 N.C. App. 420, 423, 660 S.E.2d 151, 153 (2008). The Court disagreed with the lack of sufficient detail argument because the defendant had been provided with all files, notes from meetings, and \u201cnotice of the substance of [the witness\u2019s] statements\u201d; therefore, the defendant was not unfairly surprised by the admission of the testimony. Id. at 424, 660 S.E.2d at 155.\nHere, the State provided defendant with notice that Mendoza claimed \u201cthey hated Mexicans.\u201d This disclosure provided the substance of Mendoza\u2019s testimony and was adequate, for the purpose of the discovery statute, to prevent unfair surprise. Accordingly, the trial court did not err in allowing the testimony over defendant\u2019s objection.\nD. Failure to Appear and Extradition\nDefendant claims that testimony concerning his 2006 failure to appear in court, his arrest in Ohio, and his return to North Carolina was irrelevant and more prejudicial than probative. According to defendant, this testimony is only evidence of a subsequent bad act, and since it occurred two years after the crime at issue, its probative value was outweighed by its prejudicial effect. The trial court overruled defendant\u2019s relevancy objection.\n\u201cNorth Carolina has long followed the rule that an accused\u2019s flight from a crime shortly after its commission is admissible as evidence of guilt.\u201d State v. Self, 280 N.C. 665, 672, 187 S.E.2d 93, 97 (1972). Evidence of flight does not create a presumption of guilt, but is to be considered with other factors in deciding whether the circumstances \u201camount to an admission of guilt or reflect a consciousness of guilt.\u201d State v. Lampkins, 283 N.C. 520, 523, 196 S.E.2d 697, 698 (1973). Where there are factors suggesting flight, \u201cthe jury must decide whether the facts and circumstances support the State\u2019s contention that the defendant fled.\u201d State v. Norwood, 344 N.C. 511, 535, 476 S.E.2d 349, 360 (1996). Additionally, \u201c \u2018[wjhere the prosecution can show in a criminal case that the accused has become a fugitive from justice,\u2019 such a fact can be considered on the question of his guilt.\u201d State v. Hairston, 182 N.C. 911, 914, 109 S.E. 45, 47 (1921) (quoting Charles Frederic Chamberlayne, Hand Book on the Law of Evidence 424 (Arthur W. Blakemore and Dewitt C. Moore eds., Matthew Bender & Company) (1919)).\nIn the present case, there were indictments issued on 29 March 2004 and superceding indictments issued on 27 February 2006. Sergeant Wyrick testified that defendant failed to appear for a court date on 6 February 2006. A warrant was issued for defendant\u2019s arrest for the failure to appear. An electronic database confirmed that defendant had been arrested in Ohio, after which the district attorney\u2019s office had defendant extradited back to North Carolina.\nThe fact that defendant left the state and failed to appear for court can be construed as evidence of flight in this case. See State v. Williamson, 122 N.C. App. 229, 232, 468 S.E.2d 840, 843 (1996) (holding that a \u201creasonable view of this evidence is that defendant, by failing to. appear for trial, attempted to avoid prosecution for the offenses charged\u201d). As for the argument that the flight was not shortly after the crime, this temporal consideration goes to the weight of the evidence, rather than its admissibility. See State v. Mash, 305 N.C. 285, 288, 287 S.E.2d 824, 826 (1982).\nThe leaving of the state, coupled with the failure to appear in court, is evidence of flight and is thus relevant to the question of guilt. See Hairston, 182 N.C. at 914, 109 S.E. at 47. Thus, the trial court did not err in allowing this evidence to be submitted at trial.\nE. Admissibility of 404(b) Testimony\nThe court held a hearing to determine the admissibility of the Rule 404(b) evidence regarding an incident that took place on 15 August 2003 involving defendant, Crystal Green (\u201cGreen\u201d), Mill, and Adam Anderson (\u201cAnderson\u201d). The court conducted a voir dire of Green, Anderson, and Mill. After hearing the testimony of each witness, the court ruled that Green\u2019s testimony was \u201crelevant, that it is permissible and will be admitted under Rule 404(b).\u201d The court also ruled that Green\u2019s testimony had probative value not outweighed by its prejudicial effect. However, the testimonies of Anderson and Mill were excluded as unduly prejudicial.\nAt trial, Green testified that on the evening of 15 August 2003, a group including herself, defendant, Mill, Anderson, and Williams went to a local club where they consumed alcohol and drugs. Green testified that there was a disagreement between defendant and Anderson. The group then left the club and went to Mill\u2019s mobile home, where a fight broke out between Williams and Anderson. Defendant joined in, both he and Williams beating Anderson until he was lying on the ground injured. Mill tried to break up the fight. Green also testified that when she spoke to defendant later about the fight, he intimidated her by angrily crushing a beer can and telling her she had \u201cbetter not go to court.\u201d\nOn appeal, defendant argues that the trial court erred in allowing the 404(b) testimony of Green because the evidence was irrelevant, too dissimilar to be admitted under 404(b), and its prejudicial effect outweighed any probative value.\n\u201cEvidence of other crimes, wrongs or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith.\u201d N.C. Gen. Stat. \u00a7 8C-1, Rule 404(b) (2007). The statute lists several proper purposes, but this list is not exclusive; even if the evidence does not fall under a stated purpose, it may still be admissible. State v. Blackwell, 133 N.C. App. 31, 34, 514 S.E.2d 116, 119 (1999). Courts have described 404(b) as \u201ca general rule of inclusion.\u201d State v. West, 103 N.C. App. 1, 9, 404 S.E.2d 191, 197 (1991).\nRule 404(b) evidence is subject to both a \u201csimilarity\u201d and a \u201ctemporal proximity\u201d analysis. State v. Barnett, 141 N.C. App. 378, 389-90, 540 S.E.2d 423, 431 (2000). The prior incidents offered as 404(b) evidence must be \u201csufficiently similar and not so remote as to run afoul of the balancing test between probative value and prejudicial effect set out in Rule 403.\u201d West, 103 N.C. App. at 9, 404 S.E.2d at 197. The ruling of a trial court \u201cto admit or exclude evidence\u201d is reviewed for abuse of discretion. State v. Smith, 99 N.C. App. 67, 71, 392 S.E.2d 642, 645 (1990).\nThe trial court found that because the prior assault testified to by Green demonstrated a particular fighting style, (defendant fighting alongside another person or in a group against a victim), Green\u2019s testimony was properly admitted for the purpose of demonstrating defendant\u2019s method of operation or a common plan or scheme. Furthermore, Green\u2019s testimony illustrated the defendant\u2019s use of witness intimidation, similar to that seen in Exhibits 55-58. We agree with the trial court\u2019s reasoning.\nThe 404(b) evidence of the 15 August 2003 altercation was sufficiently similar to the 7 March 2004 crime. The State pointed out at trial that there were ten similarities, including largely the same individuals being present at both incidents and the fact that drugs and alcohol were involved. Another similarity is that defendant had attacked the victim at both fights with the help of others after taking the victim to an isolated location. Also, defendant was the oldest member in the group during both affrays and acted as a ringleader.\nAdditionally, the temporal proximity requirement is satisfied by this evidence. The prior incident occurred on 15 August 2003, while the crime in the present case occurred on 7 March 2004. These events are relatively close in time. In State v. Carter, 338 N.C. 569, 451 S.E.2d 157 (1994), the court was willing to admit 404(b). evidence that occurred eight years before the crime in question because \u201c \u2018remoteness in time generally affects only the weight to be given such evidence, not its admissibility.\u2019 \u201d Id. at 588-89, 451 S.E.2d at 167-68 (quoting State v. Stager, 329 N.C. 278, 307, 406 S.E.2d 876, 881 (1991)).\nFinally, Rule 404(b) evidence is subject to the analysis of Rule 403, balancing probative value with prejudicial effect on the defendant. The determination of admissibility of evidence under Rule 403 \u201c \u2018is a matter that is left in the sound discretion of the trial court, and the trial court can be reversed only upon a showing of abuse of discretion.\u2019 \u201d State v. Moses, 350 N.C. 741, 761, 517 S.E.2d 853, 866 (1999) (quoting State v. Hipps, 348 N.C. 377, 405-06, 501 S.E.2d 625, 642 (1998)). The trial court ruled that the probative value of Green\u2019s testimony was not outweighed by the prejudicial effect. We find no abuse of discretion in the trial court\u2019s determination.\nBecause the evidence was admitted for a proper purpose, the incident was sufficiently similar and close in time, and the testimony was not unduly prejudicial to the defendant, we find that the trial court did not err in ruling that Green\u2019s 404(b) testimony was admissible.\nF. Instruction on Flight\nDefendant next argues that a flight instruction to the jury was not supported by the evidence.\n\u201c \u2018[I]n order to justify an instruction on flight there must be some evidence in the record reasonably supporting the theory that the defendant fled after the commission of the crime charged.\u2019 \u201d State v. Riley, 154 N.C. App. 692, 696, 572 S.E.2d 857, 860 (2002) (quoting State v. Fisher, 336 N.C. 684, 706, 445 S.E.2d 866, 878 (1994)). If an appellate court finds \u201c \u2018some evidence in the record reasonably supporting the theory that defendant fled after commission of the crime charged, the instruction is properly given.\u2019 \u201d State v. Ethridge, 168 N.C. App. 359, 362-63, 607 S.E.2d 325, 328 (2005) (quoting State v. Irick, 291 N.C. 480, 494, 231 S.E.2d 833, 842 (1977)). To merit an instruction on flight, the defendant\u2019s leaving of the crime scene must be bolstered by \u201c \u2018some evidence that defendant took steps to avoid apprehension.\u2019 \u201d State v. Beck 346 N.C. 750, 758, 487 S.E.2d 751, 756-57 (1997) (quoting State v. Thompson, 328 N.C. 477, 490, 402 S.E.2d 386, 392 (1991)).\nApplying the facts of the present case, at some point after the March 2004 incident, defendant fled to Ohio. This is some evidence that defendant left the area after the commission of the crime. Defendant subsequently failed to appear in court on 6 February 2006. Missing a court date by leaving the state after the commission of a crime indicates \u201csteps to avoid apprehension\u201d as described in Beck. Id. Courts have also found that missing a court date can be sufficient evidence to merit an instruction on flight. See State v. Robertson, 57 N.C. App. 294, 297, 291 S.E.2d 302, 304 (1982).\nThe trial court did not err in instructing the jury on flight as there was evidence in the record reasonably supporting the theory of flight, and defendant\u2019s failure to appear on the 6 February 2006 court date amounted to evidence that defendant took steps to avoid apprehension.\nConclusion\nThe trial court did not err in denying defendant\u2019s motion in limine concerning the telephone conversations, in denying the motion to suppress the photo line-ups, in overruling the objection to Mendoza\u2019s testimony, in admitting evidence of the failure to appear and extradition from Ohio, in admitting the 404(b) testimony of Crystal Green, or in charging the jury on flight.\nNo error.\nJudges STEELMAN and GEER concur.\n. Although no order appears in the record, the trial judge apparently denied this motion. At the start of trial, the attorneys made redactions to the conversations before the court. The conversations were played for the jury during trial over objection. On appeal, defendant does not argue that specific portions of the redacted calls presented to the jury constituted hearsay; rather, he argues that the conversations as a whole should not have been admitted. Defendant does not argue that the specific statements of the other parties involved in these recordings are hearsay.\n. Again, defendant does not argue on appeal that any statements made by third parties constitute hearsay.\n. The trial judge noted that \u201clooking at the photographs, I\u2019m not sure I\u2019ve ever seen a lineup that had more similar looking individuals, and I\u2019ve looked at dozens of them.\u201d", "type": "majority", "author": "HUNTER, Robert C., Judge." } ], "attorneys": [ "Attorney General Roy A. Cooper III, by Assistant Attorney General Kevin Anderson, for the State.", "James N. Freeman, Jr. for defendant-appellant." ], "corrections": "", "head_matter": "STATE OF NORTH CAROLINA v. ROBERT PAUL RAINEY\nNo. COA08-1466\n(Filed 4 August 2009)\n1. Evidence\u2014 hearsay exception \u2014 party admissions \u2014 motion in limine \u2014 taped conversations while incarcerated\nThe trial court did not abuse its discretion in a double armed robbery and assault with a deadly weapon inflicting serious injury case by the denial of defendant\u2019s motion in limine to exclude taped telephone conversations made by defendant to others while he was incarcerated because: (1) the telephone conversations qualify as party admissions under N.C.G.S. \u00a7 8C-1, Rule 801(d), an exception to the hearsay rule which is applicable if the statement is offered against a party and it is his own statement; (2) defendant failed to show unfair prejudice based on the admission of this evidence; (3) the taped conversations were probative in that defendant indicated he was aware of his guilt since in each of the conversations defendant appears to be coordinating an alibi with third parties or discussing the intimidation of witnesses; and (4) defendant failed to make his Confrontation Clause argument at trial, and thus it was not properly preserved for review.\n2. Identification of Defendants\u2014 photographic lineups\u2014 motion to suppress\nThe trial court did not err in a double robbery with a dangerous weapon and assault with a deadly weapon inflicting serious injury case by denying defendant\u2019s motion to suppress the pretrial photographic lineups and the identification of defendant by two witnesses through this procedure because: (1) the victims were not informed of the identity of the photographs selected or the persons in the photographs selected; (2) while there was some significant age difference between the individuals in the photographic array, that fact was not apparent from the photographs, and there was no identifying data on the photographic array; (3) all individuals appearing in the array were the same sex and race, and had similar hair color and styles, similar complexions and similar facial hair to defendant; (4) the array was presented in a nonsuggestive fashion; and (5) the identification procedure did not result in a substantial likelihood of misidentification.\n3. Discovery\u2014 alleged violations \u2014 concealed statement\u2014 notice \u2014 disclosure provided substance of testimony\nThe trial court did not err in a double robbery with a dangerous weapon and assault with a deadly weapon inflicting serious injury case by concluding there was no discovery violation under N.C.G.S. \u00a7 15A-903 even though defendant contends he was not made aware of a witness\u2019s testimony prior to trial that defendant stated during the robbery, \u201cI hope this spic is dead\u201d because: (1) our Supreme Court has held that delivery of a synopsis of a defendant\u2019s oral statements in response to discovery requests complies with the substance requirement of the statute; (2) nothing in the statute entitles a defendant to have the prosecutor to provide him with a description of the facts and circumstances surrounding his statements; and (3) the State provided defendant with notice that the witness claimed \u201cthey hated Mexicans,\u201d and this disclosure provided the substance of the witness\u2019s testimony and was adequate, for the purpose of the discovery statute, to prevent unfair surprise.\n4. Evidence\u2014 flight \u2014 failure to appear in court \u2014 arrest\nThe trial court did not err in a double robbery with a dangerous weapon and assault with a deadly weapon inflicting serious injury case by allowing testimony concerning defendant\u2019s 2006 failure to appear in court, his arrest in Ohio, and his return to North Carolina because: (1) North Carolina has long followed the rule that an accused\u2019s flight from a crime shortly after its commission is admissible as evidence of guilt; (2) the fact that defendant left the state and failed to appear for court can be construed as evidence of flight in this case; and (3) regarding the argument that the flight was not shortly after the crime, this temporal consideration goes to the weight of the evidence rather than its admissibility.\n5. Evidence\u2014 prior crimes or bad acts \u2014 assault\u2014sufficiently similar and close in time\nThe trial court did not abuse its discretion in a double robbery with a dangerous weapon and assault with a deadly weapon inflicting serious injury case by admitting N.C.G.S. \u00a7 8C-1, Rule 404(b) evidence regarding an assault incident that took place on 15 August 2003 involving defendant and three others because: (1) the prior assault demonstrated a particular fighting style, defendant fighting alongside another person or in a group against a victim, and the witness\u2019s testimony was properly admitted for the purpose of demonstrating defendant\u2019s method of operation or a common plan or scheme; (2) the witness\u2019s testimony illustrated defendant\u2019s use of witness intimidation, similar to that seen in Exhibits 55-58; (3) the evidence of the 15 August 2003 altercation was sufficiently similar to the 7 March 2004 crime; (4) the State pointed out at trial that there were ten similarities, including largely the same individuals being present at both incidents and the fact that drugs and alcohol were involved, defendant had attacked the victim at both fights with the help of others after taking the victim to an isolated location, and defendant was the oldest member in the group during both affrays and acted as a ringleader; and (5) the evidence was admitted for a proper purpose, the incident was sufficiently similar and close in time, and the testimony was not unduly prejudicial to defendant.\n6. Criminal Law\u2014 instruction \u2014 flight\nThe trial court did not err in a double robbery with a dangerous weapon and assault with a deadly weapon inflicting serious injury case by submitting a flight instruction to the jury because: (1) there was evidence in the record reasonably supporting the theory of flight; and (2) defendant\u2019s failure to appear on the 6 February 2006 court date amounted to evidence that defendant took steps to avoid apprehension.\nAppeal by defendant from judgment entered 14 February 2008 by Judge Christopher M. Collier in Rowan County Superior Court. Heard in the Court of Appeals 20 May 2009.\nAttorney General Roy A. Cooper III, by Assistant Attorney General Kevin Anderson, for the State.\nJames N. Freeman, Jr. for defendant-appellant." }, "file_name": "0427-01", "first_page_order": 453, "last_page_order": 469 }