State v. Ramos
Court of Appeals of North Carolina
1Concurring in part, dissenting in partTyson, Judge
I fully concur with that portion of the majority’s opinion affirming the trial court’s denial of Geraldine Lewis Ramos’s (“defendant”) motion to dismiss based upon the sufficiency of the evidence. Although the trial court failed to instruct the jury that the State was required to prove the element of willfulness, defendant failed to show any prejudice by this omission and is not entitled to a new trial. I disagree with that portion of the majority’s opinion granting defendant a new trial based upon the instructions submitted to the jury. I respectfully dissent.
I. Standard of Review
This Court…
2Cases cited8 opinions
- State v. BlizzardCourt of Appeals of North Carolina · 2005
- Lithium Corp. of America v. Town of Bessemer CitySupreme Court of North Carolina · 1964
- State v. MundySupreme Court of North Carolina · 1965
- State v. HuntSupreme Court of North Carolina · 1995
- Bass v. JohnsonCourt of Appeals of North Carolina · 2002
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