{ "id": 4356643, "name": "STATE OF NORTH CAROLINA v. CEASAR ARMANDO LAUREAN", "name_abbreviation": "State v. Laurean", "decision_date": "2012-05-01", "docket_number": "No. COA11-569", "first_page": "342", "last_page": "350", "citations": [ { "type": "official", "cite": "220 N.C. App. 342" } ], "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": "632 S.E.2d 258", "category": "reporters:state_regional", "reporter": "S.E.2d", "case_ids": [ 12636295 ], "weight": 2, "year": 2006, "pin_cites": [ { "page": "265", "parenthetical": "brackets omitted" }, { "page": "265" } ], "opinion_index": 0, "case_paths": [ "/se2d/632/0258-01" ] }, { "cite": "579 S.E.2d 456", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2003, "pin_cites": [ { "page": "459" } ], "opinion_index": 0 }, { "cite": "157 N.C. App. 434", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 9187094 ], "year": 2003, "pin_cites": [ { "page": "438" } ], "opinion_index": 0, "case_paths": [ "/nc-app/157/0434-01" ] }, { "cite": "148 L. Ed. 2d 976", "category": "reporters:federal", "reporter": "L. Ed. 2d", "year": 2001, "opinion_index": 0 }, { "cite": "531 U.S. 1155", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 9763844, 9763685, 9764166, 9765737, 9764938, 9764011, 9765420, 9763374, 9764624, 9763543, 9765562, 9764315, 9764797, 9765278, 9764479 ], "year": 2001, "opinion_index": 0, "case_paths": [ "/us/531/1155-04", "/us/531/1155-03", "/us/531/1155-06", "/us/531/1155-15", "/us/531/1155-11", "/us/531/1155-05", "/us/531/1155-13", "/us/531/1155-01", "/us/531/1155-09", "/us/531/1155-02", "/us/531/1155-14", "/us/531/1155-07", "/us/531/1155-10", "/us/531/1155-12", "/us/531/1155-08" ] }, { "cite": "532 S.E.2d 797", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2000, "pin_cites": [ { "parenthetical": "citation omitted" } ], "opinion_index": 0 }, { "cite": "352 N.C. 570", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 685071 ], "year": 2000, "pin_cites": [ { "parenthetical": "citation omitted" } ], "opinion_index": 0, "case_paths": [ "/nc/352/0570-01" ] }, { "cite": "364 S.E.2d 118", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1988, "opinion_index": 0 }, { "cite": "321 N.C. 574", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 2569213 ], "year": 1988, "opinion_index": 0, "case_paths": [ "/nc/321/0574-01" ] }, { "cite": "474 S.E.2d 336", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1996, "pin_cites": [ { "page": "340" } ], "opinion_index": 0 }, { "cite": "344 N.C. 381", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 867667 ], "year": 1996, "pin_cites": [ { "page": "386" } ], "opinion_index": 0, "case_paths": [ "/nc/344/0381-01" ] }, { "cite": "178 N.C. App. 565", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8378971 ], "weight": 2, "year": 2006, "pin_cites": [ { "page": "573", "parenthetical": "brackets omitted" }, { "page": "573" } ], "opinion_index": 0, "case_paths": [ "/nc-app/178/0565-01" ] }, { "cite": "530 S.E.2d 807", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2000, "pin_cites": [ { "page": "817-18", "parenthetical": "reviewing trial court's exclusion of expert witness testimony on behalf of defendant for error and finding none" } ], "opinion_index": 0 }, { "cite": "352 N.C. 1", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 684912 ], "year": 2000, "pin_cites": [ { "page": "17-18", "parenthetical": "reviewing trial court's exclusion of expert witness testimony on behalf of defendant for error and finding none" } ], "opinion_index": 0, "case_paths": [ "/nc/352/0001-01" ] }, { "cite": "410 S.E.2d 226", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1991, "pin_cites": [ { "page": "228" } ], "opinion_index": 0 }, { "cite": "104 N.C. App. 498", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8522544 ], "year": 1991, "pin_cites": [ { "page": "502" } ], "opinion_index": 0, "case_paths": [ "/nc-app/104/0498-01" ] }, { "cite": "707 S.E.2d 210", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2011, "pin_cites": [ { "page": "223", "parenthetical": "citing State v. Wallace, 104 N.C. App. 498, 502, 410 S.E.2d 226, 228 (1991); also State v. Lawrence, 352 N.C. 1, 17-18, 530 S.E.2d 807, 817-18 (2000) (reviewing trial court's exclusion of expert witness testimony on behalf of defendant for error and finding none)" } ], "opinion_index": 0 }, { "cite": "365 N.C. 7", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4153944 ], "year": 2011, "pin_cites": [ { "page": "27", "parenthetical": "citing State v. Wallace, 104 N.C. App. 498, 502, 410 S.E.2d 226, 228 (1991); also State v. Lawrence, 352 N.C. 1, 17-18, 530 S.E.2d 807, 817-18 (2000) (reviewing trial court's exclusion of expert witness testimony on behalf of defendant for error and finding none)" } ], "opinion_index": 0, "case_paths": [ "/nc/365/0007-01" ] }, { "cite": "108 L. Ed. 2d 604", "category": "reporters:federal", "reporter": "L. Ed. 2d", "year": 1990, "opinion_index": 0 }, { "cite": "494 U.S. 1023", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 4836, 5158, 4882, 5207, 5176 ], "year": 1990, "opinion_index": 0, "case_paths": [ "/us/494/1023-04", "/us/494/1023-03", "/us/494/1023-05", "/us/494/1023-02", "/us/494/1023-01" ] }, { "cite": "384 S.E.2d 470", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1989, "pin_cites": [ { "page": "506" } ], "opinion_index": 0 }, { "cite": "325 N.C. 278", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 2492599 ], "year": 1989, "pin_cites": [ { "page": "341" } ], "opinion_index": 0, "case_paths": [ "/nc/325/0278-01" ] }, { "cite": "517 S.E.2d 853", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1999, "pin_cites": [ { "page": "874", "parenthetical": "Our Supreme Court \"has stated 'the finding of premeditation and deliberation indicates a more coldblooded and calculated crime.' \" (quoting State v. Artis, 325 N.C. 278, 341, 384 S.E.2d 470, 506 (1989), sentence vacated on other grounds, 494 U.S. 1023, 108 L. Ed. 2d 604 (1990)" } ], "opinion_index": 0 }, { "cite": "350 N.C. 741", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 132003 ], "year": 1999, "pin_cites": [ { "page": "775", "parenthetical": "Our Supreme Court \"has stated 'the finding of premeditation and deliberation indicates a more coldblooded and calculated crime.' \" (quoting State v. Artis, 325 N.C. 278, 341, 384 S.E.2d 470, 506 (1989" } ], "opinion_index": 0, "case_paths": [ "/nc/350/0741-01" ] }, { "cite": "363 N.C. 454", "category": "reporters:state", "reporter": "N.C.", "opinion_index": 0 }, { "cite": "681 S.E.2d 293", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 2009, "pin_cites": [ { "page": "306", "parenthetical": "quoting Strickland, 307 N.C. at 293, 298 S.E.2d at 658" }, { "page": "306" } ], "opinion_index": 0 }, { "cite": "363 N.C. 438", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4151754 ], "year": 2009, "pin_cites": [ { "page": "454-55", "parenthetical": "quoting Strickland, 307 N.C. at 293, 298 S.E.2d at 658" } ], "opinion_index": 0, "case_paths": [ "/nc/363/0438-01" ] }, { "cite": "N.C. Gen. Stat. \u00a7 14-17", "category": "laws:leg_statute", "reporter": "N.C. Gen. Stat.", "weight": 2, "year": 2009, "opinion_index": 0 }, { "cite": "478 S.E.2d 146", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1996, "pin_cites": [ { "page": "156" } ], "opinion_index": 0 }, { "cite": "345 N.C. 73", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 54177 ], "year": 1996, "pin_cites": [ { "page": "94" } ], "opinion_index": 0, "case_paths": [ "/nc/345/0073-01" ] }, { "cite": "702 S.E.2d 522", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 2010, "pin_cites": [ { "page": "526-27", "parenthetical": "quoting State v. Geddie, 345 N.C. 73, 94, 478 S.E.2d 146, 156 (1996)" } ], "opinion_index": 0 }, { "cite": "406 S.E.2d 837", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1991, "pin_cites": [ { "page": "844" } ], "opinion_index": 0 }, { "cite": "329 N.C. 557", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 2554319 ], "year": 1991, "pin_cites": [ { "page": "568" } ], "opinion_index": 0, "case_paths": [ "/nc/329/0557-01" ] }, { "cite": "572 S.E.2d 767", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2002, "pin_cites": [ { "page": "772", "parenthetical": "citation omitted" } ], "opinion_index": 0 }, { "cite": "356 N.C. 556", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 1511555 ], "year": 2002, "pin_cites": [ { "page": "562", "parenthetical": "citation omitted" } ], "opinion_index": 0, "case_paths": [ "/nc/356/0556-01" ] }, { "cite": "669 S.E.2d 239", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 2008, "pin_cites": [ { "page": "256", "parenthetical": "citations, quotations, and brackets omitted" }, { "page": "257" } ], "opinion_index": 0 }, { "cite": "362 N.C. 514", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4150820 ], "weight": 2, "year": 2008, "pin_cites": [ { "page": "530", "parenthetical": "citations, quotations, and brackets omitted" }, { "page": "533" } ], "opinion_index": 0, "case_paths": [ "/nc/362/0514-01" ] }, { "cite": "447 U.S. 625", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6187280 ], "weight": 4, "year": 1980, "pin_cites": [ { "page": "635", "parenthetical": "holding that \"if the unavailability of a lesser included offense instruction enhances the risk of an unwarranted conviction, [the court] is constitutionally prohibited from withdrawing that option from the jury . . . .\" Beck, 447 U.S. at 638, 65 L. Ed. 2d at 403" }, { "page": "401", "parenthetical": "holding that \"if the unavailability of a lesser included offense instruction enhances the risk of an unwarranted conviction, [the court] is constitutionally prohibited from withdrawing that option from the jury . . . .\" Beck, 447 U.S. at 638, 65 L. Ed. 2d at 403" }, { "page": "638" }, { "page": "403" } ], "opinion_index": 0, "case_paths": [ "/us/447/0625-01" ] }, { "cite": "453 S.E.2d 824", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1995, "pin_cites": [ { "page": "841", "parenthetical": "citing Beck v. Alabama, 447 U.S. 625, 635, 65 L. Ed. 2d 392, 401 (1980" } ], "opinion_index": 0 }, { "cite": "339 N.C. 487", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 2557546 ], "year": 1995, "pin_cites": [ { "page": "514", "parenthetical": "citing Beck v. Alabama, 447 U.S. 625, 635, 65 L. Ed. 2d 392, 401 (1980" } ], "opinion_index": 0, "case_paths": [ "/nc/339/0487-01" ] }, { "cite": "344 S.E.2d 775", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1986, "opinion_index": 0 }, { "cite": "317 N.C. 193", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4774343 ], "year": 1986, "opinion_index": 0, "case_paths": [ "/nc/317/0193-01" ] }, { "cite": "298 S.E.2d 645", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 3, "year": 1983, "pin_cites": [ { "page": "652" }, { "page": "658" }, { "page": "658" } ], "opinion_index": 0 }, { "cite": "307 N.C. 274", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8562214 ], "weight": 3, "year": 1983, "pin_cites": [ { "page": "284" }, { "page": "293" }, { "page": "293" } ], "opinion_index": 0, "case_paths": [ "/nc/307/0274-01" ] }, { "cite": "599 S.E.2d 73", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2004, "pin_cites": [ { "page": "77", "parenthetical": "de novo review of whether a trial court's denial of defendant's request for a lesser included offense instruction was proper" } ], "opinion_index": 0 }, { "cite": "165 N.C. App. 648", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8999524 ], "year": 2004, "pin_cites": [ { "page": "653-55", "parenthetical": "de novo review of whether a trial court's denial of defendant's request for a lesser included offense instruction was proper" } ], "opinion_index": 0, "case_paths": [ "/nc-app/165/0648-01" ] }, { "cite": "420 S.E.2d 136", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1992, "pin_cites": [ { "page": "145-46" } ], "opinion_index": 0 }, { "cite": "332 N.C. 224", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 2506218 ], "year": 1992, "pin_cites": [ { "page": "240-41" } ], "opinion_index": 0, "case_paths": [ "/nc/332/0224-01" ] } ], "analysis": { "cardinality": 983, "char_count": 20155, "ocr_confidence": 0.744, "pagerank": { "raw": 5.987389449363891e-08, "percentile": 0.3721394567791404 }, "sha256": "77279e707ac4116615ac35839b491c3035b62b3bace306a2beeaf431cf35818d", "simhash": "1:45eb86aa6e5f1d54", "word_count": 3180 }, "last_updated": "2023-07-14T21:35:53.925153+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges CALABRIA and STROUD concur." ], "parties": [ "STATE OF NORTH CAROLINA v. CEASAR ARMANDO LAUREAN" ], "opinions": [ { "text": "BRYANT, Judge.\nWhere the trial court did not err in failing to submit to the jury the lesser included offense of second-degree murder and where it did not err by excluding specific instances of conduct as evidence of the victim\u2019s behavior while allowing evidence regarding the victim\u2019s reputation for truthfulness, we uphold the judgment of the trial court.\nIn January 2008, for offenses occurring in December 2007, defendant Corporal Ceasar Armando Laurean of the United States Marine Corps was indicted on charges of first-degree murder, robbery with a dangerous weapon, financial transaction card theft, attempted misdemeanor transaction card fraud, and obtaining property by false pretenses. The State dismissed the charge of obtaining property by false pretenses prior to trial. This case came on for trial during the 10 August 2010 Criminal Session of Wayne County Superior Court.\nAt trial, evidence was presented that in February 2007, defendant was stationed at Camp Lejeune in Onslow County and assigned to the Separations Section, 2d Marine Logistics Group. There, defendant assumed the position of staff Non-Commissioned Officer in Charge (NCOIC). The duties of the NCOIC included supervising the marines in the unit, including Lance Corporal Maria Lauterbach. Following a series of disciplinary infractions by Lance Cpl. Lauterbach, the Officer in Charge (OIC), Chief Warrant Officer (CWO) Caroline Bier, instructed defendant to counsel Lauterbach.\nIn May 2007, Lance Cpl. Lauterbach accused defendant of a sexual assault that she alleged had occurred six weeks earlier. Defendant denied the allegation and an investigation ensued. Lauterbach was transferred to another section at Camp Lejeune, and a military protective order was issued commanding the separation of Lance Cpl. Lauterbach and defendant. Despite the order barring contact between the two, defendant and Lance Cpl. Lauterbach were seen together on multiple occasions, such as, in the giftware department of the Base Exchange and at a local dry cleaner. In June 2007, Lance Cpl. Lauterbach learned that she was pregnant. She claimed the pregnancy was the result of the sexual assault.\nOn Friday, 14 December 2007, Lance Cpl. Lauterbach worked at. her unit from 7:30 a.m. until 3:30 p.m. At 4:30 p.m., her roommate found a note stating \u201cSorry, but I cannot take this Marine Corps life anymore, so I am going away. Sorry for the inconvenience. Maria.\u201d The note was turned over to a warrant officer in Lauterbach\u2019s section. Lauterbach\u2019s mother filed a missing person\u2019s report.\nDuring the investigation into her disappearance, it was determined that on 14 December 2007, Lance Cpl. Lauterbach withdrew $700.00 from her bank account via an ATM machine and, at 5:00 p.m. that day, purchased a bus ticket for travel the next day from Jacksonville, North Carolina to El Paso, Texas. The ticket agent at the bus station was the last person to acknowledge seeing Lance Cpl. Lauterbach alive.\nOn 16 December 2007, defendant purchased supplies to build a fire pit in his back yard. Defendant\u2019s neighbors later testified that around the holidays in December 2007, defendant had a bonfire in his backyard \u2014 an event that had not previously occurred. On 20 December, Lauterbach\u2019s cell phone was found near the entrance to Camp Lejeune. On 24 December, a man who attempted to obscure his face from the video camera at an ATM but resembled defendant, used Lauterbach\u2019s debit card to access her bank account in an attempt to withdraw funds.\nOn 8 January 2008, defendant was interviewed about the disappearance of Lance Cpl. Lauterbach by the Naval Criminal Investigative Service. Following the interview, defendant asked what would happen to the investigation involving Lauterbach\u2019s accusations of sexual assault against him if she did not come back. On 11 January 2008, defendant did not report for work.\nOn 11 and 12 January 2008, investigators searched defendant\u2019s home pursuant to a search warrant. Blood stains later determined to contain the DNA of Lance Cpl. Lauterbach were found on numerous items in the garage. Lauterbach\u2019s body and that of her fetus were found burned and buried in the fire pit in defendant\u2019s back yard. A search of defendant\u2019s computer revealed that on 8 January at 11:30 a.m., defendant performed a computer search of Puerto Vallar\u00eda, Mexico.\nDefendant had fled in early January but was apprehended near San Juan de la Vina, a small town located in Michoac\u00e1n, Mexico, on 10 April 2008. Defendant was extradited back to the United States to stand trial. Due to pretrial publicity, a change of venue was granted. The case moved from Onslow County to Wayne County, and defendant received a trial by jury in Wayne County Superior Court.\nDefendant was convicted of first-degree murder, financial transaction card theft, and attempted financial transaction card fraud. Defendant was found not guilty of robbery with a dangerous weapon. Judgment on all offenses was consolidated, and defendant was sentenced to life imprisonment without parole. Defendant appeals.\nOn appeal, defendant raises the following questions: did the trial court err (I) by failing to submit the lesser-included-offense of second-degree murder to the jury; and (II) by excluding evidence of the victim\u2019s behavior.\n/\nDefendant argues that the trial court erred by failing to instruct the jury on the lesser included offense of second-degree murder. Defendant acknowledges that the evidence presented was sufficient to support an instruction on first-degree murder, necessarily acknow\u00a1edging support for a finding of premeditation and deliberation. However, defendant points out that there was no evidence presented to illustrate the circumstances leading up to the infliction of the fatal injury. On this basis, defendant contends that the jury should have been allowed to consider whether defendant formed the intent to kill without premeditation and deliberation, and, thus, the trial court erred in denying his request for an instruction on second-degree murder. We disagree.\nWe review the trial court\u2019s denial of the request for an instruction on the lesser included offense de novo. E.g. State v. Ligon, 332 N.C. 224, 240-41, 420 S.E.2d 136, 145-46 (1992); State v. Dyson, 165 N.C. App. 648, 653-55, 599 S.E.2d 73, 77 (2004) (de novo review of whether a trial court\u2019s denial of defendant\u2019s request for a lesser included offense instruction was proper).\n\u201cIt is an elementary rule of law that a trial judge is required to declare and explain the law arising on the evidence and to instruct according to the evidence.\u201d State v. Strickland, 307 N.C. 274, 284, 298 S.E.2d 645, 652 (1983), overruled in part on other grounds by State v. Johnson, 317 N.C. 193, 344 S.E.2d 775 (1986). \u201c[D]ue process requires an instruction on a lesser-included offense only \u2018if the evidence would permit a jury rationally to find [the defendant] guilty of the lesser offense and acquit him of the greater.\u2019 \u201d State v. Conaway, 339 N.C. 487, 514, 453 S.E.2d 824, 841 (1995) (citing Beck v. Alabama, 447 U.S. 625, 635, 65 L. Ed. 2d 392, 401 (1980) (holding that \u201cif the unavailability of a lesser included offense instruction enhances the risk of an unwarranted conviction, [the court] is constitutionally prohibited from withdrawing that option from the jury . . . .\u201d Beck, 447 U.S. at 638, 65 L. Ed. 2d at 403)). However, \u201c[t]he trial court should refrain from \u2018indiscriminately or automatically\u2019 instructing on lesser included offenses. Such restraint ensures that the jury\u2019s discretion is . . . channelled [sic] so that it may convict a defendant of only those crimes fairly supported by the evidence.\u201d State v. Taylor, 362 N.C. 514, 530, 669 S.E.2d 239, 256 (2008) (citations, quotations, and brackets omitted).\n\u201cWhere the State\u2019s evidence is positive as to each element of the offense charged and there is no contradictory evidence relating to any element, no instruction on a lesser included offense is required.\u201d State v. Millsaps, 356 N.C. 556, 562, 572 S.E.2d 767, 772 (2002) (citation omitted). Moreover, \u201c \u2018a defendant is not entitled to an instruction on a lesser included offense merely because the jury could possibly believe some of the State\u2019s evidence but not all of it.\u2019 \u201d Taylor, 362 N.C. at 533, 669 S.E.2d at 257 (quoting State v. Annadale, 329 N.C. 557, 568, 406 S.E.2d 837, 844 (1991)).\nFirst-degree murder is, inter alia, the unlawful killing of a human being committed with malice, premeditation, and deliberation. \u201cThe unlawful killing of a human being with malice but without premeditation and deliberation is murder in the second degree.\u201d\nState v. Bedford,__ N.C. App._, _, 702 S.E.2d 522, 526-27 (2010) (quoting State v. Geddie, 345 N.C. 73, 94, 478 S.E.2d 146, 156 (1996)) (citing N.C. Gen. Stat. \u00a7 14-17 (2009)).\nThe well-established rule for submission of second-degree murder as a lesser-included offense of first-degree murder is: \u201cIf the evidence is sufficient to fully satisfy the State\u2019s burden of proving each and every element of the offense of murder in the first degree . . . and there is no evidence to negate these elements other than [the] defendant\u2019s denial that he committed the offense, the trial judge should properly exclude from jury consideration the possibility of a conviction of second degree murder.\u201d\nState v. Locklear, 363 N.C. 438, 454-55, 681 S.E.2d 293, 306 (2009) (quoting Strickland, 307 N.C. at 293, 298 S.E.2d at 658).\nHere, the evidence presented illustrates that Lance Cpl. Lauterbach made a formal accusation of rape on 11 May 2007. She also maintained that the assault resulted in her pregnancy. An Article 32 hearing to present the findings of an investigation to a military court and determine whether to proceed to a general court martial was scheduled to be held in December 2007 or January 2008.\nIt is clear from the evidence that defendant was very concerned about the sexual assault allegation, the pregnancy, and the investigation. Lance Cpl. Blake Costa testified that defendant admitted to a sexual encounter with Lance Cpl. Lauterbach \u2014 though he described it as consensual \u2014 and acknowledged that the situation was temporarily affecting his career. Costa testified that defendant asked him to help defendant make contact with Lauterbach. Defendant stated that he wanted Lauterbach to move to Mexico, the purpose for which was to discredit her as a deserter and help salvage his military career.\nOn 14 December 2007, Lance Cpl. Lauterbach withdrew $700.00 from her bank account and purchased a bus ticket to El Paso, Texas. Shortly thereafter, she disappeared. At some point in December 2007, a blue Hyundai, had been observed parked at defendant\u2019s house. On 7 January 2008, Lance Cpl. Lauterbach\u2019s blue Hyundai was found at the Jacksonville bus station. Law enforcement was unable to retrieve identifiable prints from the vehicle.\nIn early January, following an interview with naval investigators in the investigation of Lance Cpl. Lauterbach\u2019s disappearance, defendant inquired as to how Lauterbach\u2019s disappearance would affect the investigation into her allegations against him. Shortly thereafter, defendant fled. On 11 and 12 January 2008, investigators searched defendant\u2019s home. Blood stains were found in the garage, specifically, on a black storage container, a paint can, a pink plastic swim raft, tan pillow case, painting equipment, a pegboard on the garage wall, a white plastic bag, an infant swing, a box, the garage wall, the ceiling, and the garage floor. These blood stains contained Lance Cpl. Lauterbach\u2019s DNA. In the back yard, Lauterbach\u2019s body and that of her fetus were found in the charred earth of defendant\u2019s firepit. Defendant\u2019s neighbors testified that around the holidays in December 2007, defendant had a bonfire in his back yard \u2014 the first and only time that such an event had ever occurred there.\nOn appeal, defendant concedes that the evidence presented warranted an instruction on the charge of first-degree murder, necessarily acknowledging support for findings of premeditation and deliberation. However, defendant asserts that because the evidence failed to illustrate the circumstances immediately preceding Lance Cpl. Lauterbach\u2019s murder, the jury should have been allowed to consider that he formed the intent to kill absent premeditation and deliberation and, therefore, was entitled to an instruction on second-degree murder. Defendant asserts that an absence of evidence (the failure to illustrate the exact circumstances surrounding the murder) entitles him to a jury instruction on second-degree murder, while simultaneously acknowledging the sufficiency of the evidence to support an instruction on first-degree murder. Defendant\u2019s assertions must fail.\nOn the evidence presented, an instruction by the trial court on the charge of second-degree murder would be, defendant must concede, an instruction for which no evidence was presented in support thereof. An instruction on the charge of second-degree murder requires that the unlawful killing of a human being occur without premeditation and deliberation. See Bedford,_N.C. App. at_, 702 S.E.2d at 526-27 (citing N.C. Gen. Stat. \u00a7 14-17 (2009). Defendant fails to direct this Court\u2019s attention to any evidence that Lance Cpl. Lauterbach was killed without premeditation and deliberation. See Locklear, 363 N.C. 454-55, 681 S.E.2d at 306 (\u201c \u2018If the evidence is sufficient to fully satisfy the State\u2019s burden of proving each and every element of the offense of murder in the first degree . . . and there is no evidence to negate these elements other than defendant\u2019s denial that he committed the offense, the trial judge should properly exclude from jury consideration the possibility of a conviction of second degree murder.\u2019 \u201d (quoting Strickland, 307 N.C. at 293, 298 S.E.2d at 658)). Defendant does not deny that he committed a homicide, he simply challenges what he refers to as a lack of evidence of premeditation and deliberation. However, the facts in this case fully support a jury verdict of first-degree murder. See State v. Moses, 350 N.C. 741, 775, 517 S.E.2d 853, 874 (1999) (Our Supreme Court \u201chas stated \u2018the finding of premeditation and deliberation indicates a more coldblooded and calculated crime.\u2019 \u201d (quoting State v. Artis, 325 N.C. 278, 341, 384 S.E.2d 470, 506 (1989), sentence vacated on other grounds, 494 U.S. 1023, 108 L. Ed. 2d 604 (1990)). Accordingly, we overrule defendant\u2019s argument.\nII\nNext, defendant argues that the trial court erred by excluding evidence of specific instances of conduct by Lance Cpl. Lauterbach that led to defendant imposing military discipline on her immediately prior to her accusation of rape. Defendant argues that such evidence established that Lauterbach had a motive to falsely accuse defendant of rape and was admissible under Rule of Evidence 404(b). We disagree.\n\u201cAll relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, by the Constitution of North Carolina, by Act of Congress, by Act of the General Assembly or by these rules. Evidence which is not relevant is not admissible.\u201d N.C. Gen. Stat. \u00a7 8C-1, Rule 402 (2011). \u201cA trial court\u2019s rulings on relevancy are technically not discretionary, though we accord them great deference on appeal.\u201d State v. Lane, 365 N.C. 7, 27, 707 S.E.2d 210, 223 (2011) (citing State v. Wallace, 104 N.C. App. 498, 502, 410 S.E.2d 226, 228 (1991); also State v. Lawrence, 352 N.C. 1, 17-18, 530 S.E.2d 807, 817-18 (2000) (reviewing trial court\u2019s exclusion of expert witness testimony on behalf of defendant for error and finding none)).\n\u201c \u2018In a criminal case every circumstance calculated to throw any light upon the supposed crime is admissible and permissible.\u2019 \u201d State v. Grant, 178 N.C. App. 565, 573, 632 S.E.2d 258, 265 (2006) (brackets omitted) (quoting State v. Bruton, 344 N.C. 381, 386, 474 S.E.2d 336, 340 (1996)). However, under Rule of Evidence 404(b),\n[e]vidence 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. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake, entrapment or accident.\nN.C. R. Evid. 404(b) (2011).\nTo be admissible under Rule 404(b), evidence of a prior crime or incident must be sufficiently similar to the incident at issue. State v. Boyd, 321 N.C. 574, 364 S.E.2d 118 (1988). Even if evidence is sufficiently similar to be admissible under Rule 404(b), it is nevertheless subject to the relevancy requirements and balancing test of Rule 403. State v. Thibodeaux, 352 N.C. 570, 532 S.E.2d 797 (2000) (citation omitted), cert. denied, 531 U.S. 1155, 148 L. Ed. 2d 976 (2001).\nState v. Nance, 157 N.C. App. 434, 438, 579 S.E.2d 456, 459 (2003).\nHere, defendant was indicted on charges of first-degree murder, robbery with a dangerous weapon, attempted misdemeanor financial transaction card fraud, obtaining property by false pretenses, and financial transaction card theft stemming from the murder of Lance Cpl. Lauterbach and the use of her debit card in an attempt to withdraw funds from her bank account.\nAt trial, defendant sought to question CWO Bier and the OIC of the legal division, CWO Joel Larsen, about Lance Cpl. Lauterbach\u2019s disciplinary infractions which led to CWO Bier\u2019s request that defendant counsel Lauterbach. Defendant argued that this information was relevant because it established Lauterbach\u2019s motive for making a false allegation of rape against him. In a hearing outside of the jury\u2019s presence, the trial court expressed concern that the jury could reasonably be left with the uncontested assertion that defendant raped Lauterbach. The trial court ruled that defendant would be allowed to question CWO Larsen regarding Lauterbach\u2019s reputation of truthfulness, including the allegation of rape but, because the character trait was not an essential element of a charge or defense, sustained the State\u2019s objections as to specific instances of conduct leading to disciplinary infractions. The court further instructed CWO Bier, before her testimony, that while she was allowed to disclose the fact that Lauterbach received counseling, she was not to disclose the basis for such counseling.\nWe agree the question of whether Lance Cpl. Lauterbach\u2019s accusation of rape was grounded in fact or falsehood was not before the jury. Moreover, Lauterbach\u2019s specific instances of conduct unrelated to defendant shed no light upon the crimes for which defendant was charged. See Grant, 178 N.C. App. at 573, 632 S.E.2d at 265. Therefore, the specific instances of conduct for which Lance Cpl. Lauterbach received minor disciplinary infractions were not relevant to the issues presented to the jury and were properly excluded from evidence presented at trial.\nAccordingly, defendant\u2019s argument is overruled.\nNo error.\nJudges CALABRIA and STROUD concur.", "type": "majority", "author": "BRYANT, Judge." } ], "attorneys": [ "Attorney General Roy Cooper, by Special Deputy Attorney General Norma S. Harrell, for the State.", "Glover & Petersen, P.A., by Ann B. Petersen, for defendant-appellant." ], "corrections": "", "head_matter": "STATE OF NORTH CAROLINA v. CEASAR ARMANDO LAUREAN\nNo. COA11-569\n(Filed 1 May 2012)\n1. Homicide \u2014 first-degree murder \u2014 failure to instruct on lesser-included offense \u2014 second-degree murder \u2014 no evidence to support instruction\nThe trial court did not err in a first-degree murder case by failing to submit the lesser-included-offense of second-degree murder to the jury. The facts in the case fully supported a jury verdict of first-degree murder and there was no evidence presented to support an instruction on second-degree murder.\n2. Evidence \u2014 behavior of victim \u2014 not relevant to charges\u2014 properly excluded\nThe trial court did not err in a first-degree murder case by excluding evidence of the victim\u2019s behavior. The specific instances of conduct for which the victim received minor disciplinary infractions were not relevant to the issues presented to the jury.\nAppeal by defendant from judgment entered 23 August 2010 by Judge W. Osmond Smith in Wayne County Superior Court. Heard in the Court of Appeals 16 November 2011.\nAttorney General Roy Cooper, by Special Deputy Attorney General Norma S. Harrell, for the State.\nGlover & Petersen, P.A., by Ann B. Petersen, for defendant-appellant." }, "file_name": "0342-01", "first_page_order": 352, "last_page_order": 360 }