State v. Jones

WELLS, Judge.

Willie Kate Jones’ Appeal

Defendant’s first assignment of error concerns an electronic device placed surreptitiously on her telephone. According to un-controverted testimony received on voir dire, this device —called a PEN register —records the exact time and duration of each incoming and outgoing call; however, there is some contradictory evidence as to whether the telephone number of the other party is recorded for all calls or only for outgoing calls. Before trial, defendant made a motion for discovery of “mechanical or electronic recordings” as provided in N.C. Gen. Stat. §…