An unpublished opinion of the North Carolina Court of Appeals does not constitute
controlling legal authority. Citation is disfavored, but may be permitted in accordance with
the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.
IN THE COURT OF APPEALS OF NORTH CAROLINA
No. COA15-298
Filed: 15 September 2015
Rowan County, Nos. 11 CRS 1759, 51181
STATE OF NORTH CAROLINA
v.
RODNEY MARQUICE COVINGTON
Appeal by defendant from judgment entered 5 March 2013 by Judge W. Erwin
Spainhour in Rowan County Superior Court. Heard in the Court of Appeals 10
August 2015.
Roy Cooper, Attorney General, by Christina S. Hayes, Assistant Attorney
General, for the State.
Michael E. Casterline for defendant-appellant.
DAVIS, Judge.
Rodney Marquice Covington (“Defendant”) appeals from his convictions for
felony possession of a Schedule II controlled substance, assault on a female, and
attaining the status of an habitual felon. After careful review, we conclude that
Defendant received a fair trial free from error.
Factual Background
STATE V. COVINGTON
Opinion of the Court
The State presented evidence at trial tending to establish the following facts:
On 21 February 2011 at 1:34 a.m., Officers David Horne (“Officer Horne”) and Justin
Royce (“Officer Royce”) with the Kannapolis Police Department responded to a
domestic disturbance call at the Center Motel in Rowan County. Officer Horne
knocked on the door of Room 20, and Defendant answered. Shortly thereafter, a
woman, later identified as Shaneira Robinson (“Robinson”), ran out of the bathroom
“screaming that [Defendant] had been beating her.” Robinson had visible swelling
and scratches on her face. Officer Horne arrested Defendant and placed him in the
back of his patrol car.
Officer Royce, upon searching Defendant’s motel room, observed a white
powdery substance on a nightstand and cigarillo wrappers in a trashcan near the
door. Officer Royce also observed a similar white powdery substance on Defendant’s
shorts.
While Officer Horne was securing Defendant in the patrol car, Officer Royce
questioned Robinson as to whether she or Defendant were in possession of any drugs.
Robinson told Officer Royce that “[Defendant] likes to hide stuff in his bellybutton if
you would like to check there.” Officer Horne subsequently performed a search of
Defendant’s navel, finding a plastic baggie containing a white substance later
identified as cocaine. Officer Horne described the baggie as being “less than the size
of [a] thumbnail.”
-2-
STATE V. COVINGTON
Opinion of the Court
On 2 May 2011, Defendant was indicted for felony possession of a Schedule II
controlled substance, assault on a female, and having attained the status of an
habitual felon. A jury trial was held in Rowan County Superior Court on 5 March
2013 before the Honorable W. Erwin Spainhour.
At trial, Robinson testified on Defendant’s behalf. Her testimony was that she
had placed the baggie in Defendant’s navel while he slept, and without his knowledge,
as part of a plan to “get him in trouble.” Robinson claimed that she was seeking
revenge because Defendant had “led [her] on” and assaulted her.
At the close of the State’s evidence, Defendant’s trial counsel made a motion to
dismiss based on the insufficiency of the evidence. This motion was renewed at the
close of all the evidence, and Defendant’s trial counsel further argued that the charges
should not be given to the jury based on Robinson’s in-court admission. The trial
court denied Defendant’s motions.
On 5 March 2013, the jury found Defendant guilty of felony possession of a
Schedule II controlled substance and assault on a female. Defendant subsequently
pled guilty to having attained the status of an habitual felon. The trial court
consolidated these offenses and sentenced Defendant to 72-96 months imprisonment.
Defendant’s notice of appeal was defective, and on 22 May 2014, Defendant filed a
petition for writ of certiorari with this Court. We granted Defendant’s petition on 2
June 2014.
-3-
STATE V. COVINGTON
Opinion of the Court
Analysis
Counsel appointed to represent Defendant has been unable to identify any
issue with sufficient merit to support a meaningful argument for relief on appeal and
asks that this Court conduct its own review of the record for possible prejudicial error.
Counsel has also shown to the satisfaction of this Court that he has complied with
the requirements of Anders v. California, 386 U.S. 738, 18 L.Ed.2d 493 (1967), and
State v. Kinch, 314 N.C. 99, 331 S.E.2d 665 (1985), by advising Defendant of his right
to file written arguments with this Court and by providing him with the documents
necessary for him to do so.
Defendant has not filed any written arguments on his own behalf with this
Court, and a reasonable time in which he could have done so has passed. In
accordance with Anders, we have fully examined the record to determine whether any
issues of arguable merit appear therefrom. We have been unable to find any possible
prejudicial error and conclude that the appeal is wholly frivolous.
Conclusion
For the reasons stated above, we conclude that Defendant received a fair trial
free from error.
NO ERROR.
Judges STROUD and INMAN concur.
Report per Rule 30(e).
-4-