State of North Carolina v. Marlon Rio Massey, 361 N.C. 406

Summary

The Supreme Court of North Carolina held that the defendant's convictions did not violate the state constitutional requirement of a unanimous jury verdict. The court also held that any Blakely sentencing error concerning the aggravating factor of abusing a position of trust was harmless beyond a reasonable doubt. The court reversed the Court of Appeals in part and reinstated the challenged convictions and sentences.

Holdings

1. No jury-unanimity violation occurred merely because different jurors might have relied on different incidents of misconduct when the jury as a whole found that the prohibited sexual conduct occurred. The Court of Appeals therefore erred in reversing the eight felonious-sexual-act convictions and four indecent-liberties convictions.
2. Assuming without deciding that the trial court committed Blakely error by imposing aggravated-range sentences without a jury finding on the position-of-trust aggravating factor, the error was harmless beyond a reasonable doubt and did not require a new sentencing hearing.

Questions Presented

1. Whether defendant's convictions violated the North Carolina Constitution's requirement that criminal convictions be based on a unanimous jury verdict when the evidence showed more incidents of misconduct than the number of charged offenses and the verdicts did not identify specific incidents.
2. Whether the absence of a jury finding beyond a reasonable doubt on the aggravating factor that defendant abused a position of trust or confidence required a new sentencing hearing under Blakely v. Washington, or whether any error was harmless beyond a reasonable doubt.

Disposition

reversed