Legal Opinion · Dissent

State v. Renfro

Court of Appeals of North Carolina

Decided November 15, 2005No. COA04-1429Published

1DissentElmore, Judge

As to sections II and III of the majority’s opinion, I fully concur. However, because section I stretches Rule 609 beyond its plain language and blurs the distinction between Rule 404(b) and Rule 609, I must dissent from it.

Defendant was indicted for possessing cocaine with an intent to sell, manufacture, or deliver. Defendant stipulated that the substance found by Officer Skewes was indeed cocaine, but contested any evidence of possession. Defendant intended to prove his innocence of the crime charged by testifying that he did not throw anything down while running from Officer Skewes. The…

2Cases cited6 opinions

  1. State v. LloydSupreme Court of North Carolina · 2001
  2. State v. WilkersonCourt of Appeals of North Carolina · 2002
  3. State v. WilkersonSupreme Court of North Carolina · 2002
  4. State v. McCoyCourt of Appeals of North Carolina · 2005
  5. State v. HairstonCourt of Appeals of North Carolina · 2003

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