IN THE SUPREME COURT OF NORTH CAROLINA
No. 221PA17
Filed 17 August 2018
STATE OF NORTH CAROLINA
v.
WILLIE JAMES LANGLEY
On discretionary review pursuant to N.C.G.S. § 7A-31 of a unanimous decision
of the Court of Appeals, ___ N.C. App. ___, 803 S.E.2d 166 (2017), finding no error in
part and vacating in part judgments entered on 28 January 2015 by Judge W. Russell
Duke, Jr., in Superior Court, Pitt County, and remanding for resentencing. Heard in
the Supreme Court on 16 April 2018.
Joshua H. Stein, Attorney General, by Kimberly N. Callahan, Assistant
Attorney General, for the State-appellant.
John Keating Wiles for defendant-appellee.
ERVIN, Justice.
The issue before us in this case is whether an habitual felon indictment
returned against defendant was fatally defective. After carefully considering the
record in light of the applicable law, we hold that the habitual felon indictment at
issue in this case was not fatally defective. For that reason, we reverse the Court of
Appeals’ decision to the contrary and remand this case to the Court of Appeals for
consideration of defendant’s remaining challenge to the trial court’s judgments.
STATE V. LANGLEY
Opinion of the Court
At approximately 10:30 p.m. on 24 September 2014, Jesse Atkinson, Jr., drove
his father, Jesse Atkinson, Sr., and a friend named Kion in Kion’s Honda Civic to
Vance Street in Greenville for the purpose of buying marijuana. Upon reaching
Vance Street, Mr. Atkinson, Jr., pulled up against the curb, at which point Kion
exited the car, leaving Mr. Atkinson, Jr., in the front seat and Mr. Atkinson, Sr., in
the back seat. After sitting in the car for about five to ten minutes, Mr. Atkinson, Jr.,
and Mr. Atkinson, Sr., observed a dark blue Nissan Sentra drive past the Honda, stop
at a nearby corner, make a U-turn, and pull up beside the Honda facing in the
opposite direction. Davron Lovick drove the dark blue Nissan Sentra, with defendant
Willie James Langley occupying the front passenger seat.
As the Nissan Sentra neared the Honda, defendant jumped across Mr. Lovick
and started shooting at Mr. Atkinson, Jr., and Mr. Atkinson, Sr., with either an AK47
or SKS rifle. After the shooting began, Mr. Atkinson, Jr., drove away while the
Nissan continued to chase the Honda and defendant continued to fire at the fleeing
vehicle. Defendant fired at least eight shots at the Honda, with Mr. Atkinson, Sr.,
sustaining gunshot wounds to his right calf and left thigh.
On 29 September 2014, the Pitt County grand jury returned bills of indictment
charging defendant with assaulting Mr. Atkinson, Jr., with a deadly weapon with the
intent to kill; assaulting Mr. Atkinson, Sr., with a deadly weapon with the intent to
kill inflicting serious injury; two counts of attempted first-degree murder; possession
of a firearm by a felon; discharging a weapon into an occupied vehicle; and having
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STATE V. LANGLEY
Opinion of the Court
attained habitual felon status. The indictment charging that defendant had attained
habitual felon status alleged, in pertinent part, that
on or about the date of offense shown and in the County
named above the defendant named is an habitual felon in
that on or about September 11, 2006, the defendant did
commit the felony of Felony Larceny, in violation of North
Carolina General Statute 14-72(a), and that on or about
February 15, 2007, the defendant was convicted of the
felony of Felony Larceny in the Superior Court of Pitt
County, North Carolina; and that on or about October 08,
2009, the defendant did commit the felony of Robbery with
a Dangerous Weapon, in violation of North Carolina
General Statute 14-87, and that on or about September 21,
2010, the defendant was convicted of the felony of Common
Law Robbery in the Superior Court of Pitt County, North
Carolina; and that on or about August 24, 2011, the
defendant did commit the felony of Robbery with a
Dangerous Weapon, in violation of North Carolina General
Statute 14-87.1, and that on or about May 5, 2014, the
defendant was convicted of the felony of Common Law
Robbery in the Superior Court of Pitt County, North
Carolina, against the form of the statute . . . and against
the peace and dignity of the State.
The charges against defendant came on for trial before the trial court and a jury at
the 26 January 2015 criminal session of the Superior Court, Pitt County. On 28
January 2015, the jury returned verdicts finding defendant guilty as charged. Based
upon the jury’s verdicts, the trial court consolidated defendant’s convictions for two
counts of attempted first-degree murder, assault with a deadly weapon with the
intent to kill, and assault with a deadly weapon with the intent to kill inflicting
serious injury for judgment and sentenced defendant to a term of 238 to 298 months
imprisonment; sentenced defendant to a consecutive term of 110 to 144 months
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STATE V. LANGLEY
Opinion of the Court
imprisonment based upon his conviction for possession of a firearm by a felon; and
sentenced defendant to a consecutive term of 110 to 144 months imprisonment based
upon his conviction for discharging a weapon into an occupied vehicle. Defendant
noted an appeal to the Court of Appeals from the trial court’s judgments.
In seeking relief from the trial court’s judgments before the Court of Appeals,
defendant argued, among other things,1 that the habitual felon indictment that had
been returned against him was facially defective. According to defendant, “with
respect to the second and third previous felony convictions alleged in the habitual
felon indictment returned against [defendant], the previous offenses that he allegedly
committed differed from the offenses of conviction.” In defendant’s view, the fact that
the offense that defendant allegedly committed differed from the offense that
defendant was allegedly convicted of having committed demonstrated that the
habitual felon indictment failed to comply with the pleading requirements set out in
N.C.G.S. 14-7.3 as construed in State v. Cheek, 339 N.C. 725, 729-30, 453 S.E.2d 862,
865 (1995). The State, on the other hand, argued that the habitual felon indictment
returned against defendant did, in fact, comply with the requirements set out in
1 In addition to the issue discussed in the text of this opinion, defendant contended
that the trial court had erred by denying his motion for a mistrial and instructing the jury in
such a manner as to constructively amend the habitual felon indictment. The Court of
Appeals held that the trial court had not abused its discretion in denying defendant’s mistrial
motion and did not reach the issue of whether the trial court had constructively amended the
habitual felon indictment in its instructions to the jury.
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STATE V. LANGLEY
Opinion of the Court
N.C.G.S. § 14-7.3 and sufficed to support the trial court’s decision to sentence
defendant as an habitual felon.
In its opinion, the Court of Appeals “order[ed] that the judgment regarding the
habitual felon conviction be vacated and the case be remanded for resentencing on
the underlying felonies without the habitual felon enhancement” on the grounds that
“the trial court proceeded on a facially deficient habitual felon indictment.” State v.
Langley, ___ N.C. App. ___, ___, 803 S.E.2d 166, 167 (2017). In support of this
determination, the Court of Appeals explained that, “for a habitual felon indictment
to fully comport with statutory requirements there must be two dates listed for each
prior felony conviction put forth in the habitual felon indictment—both the date the
defendant committed the felony and the date the defendant was convicted of that
same felony in the habitual felon indictment.” Id. at ___, 803 S.E.2d at 171 (first
citing N.C.G.S. § 14-7.3; then citing Cheek, 339 N.C. at 729-30, 453 S.E.2d at 865).
More specifically, the Court of Appeals noted that, “[o]n its face, the indictment did
not provide the offense date for Conviction 2 or Conviction 3. Instead, for both of
these convictions, the indictment alleged offense dates for robberies with a dangerous
weapon, and then gave conviction dates for two counts of common law robbery.” Id.
at ___, 803 S.E.2d at 171. According to the Court of Appeals, “[i]t would be an
impermissible inference to read into the indictment that common law robbery took
place on 8 October 2009 or 24 August 2011 because that is not what the grand jury
found when it returned its bill of indictment.” Id. at ___, 803 S.E.2d at 167. This
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STATE V. LANGLEY
Opinion of the Court
Court granted the State’s request for discretionary review of the Court of Appeals’
decision with respect to the validity of defendant’s habitual felon indictment on 1
November 2017.
In seeking to persuade us to reverse the Court of Appeals’ decision, the State
argues that the Court of Appeals erroneously engrafted an additional requirement
onto the statutory provisions governing the contents of an habitual felon indictment
given that the applicable statutory language requires that the offense that the
defendant allegedly committed be identical to the offense that the defendant was
allegedly convicted of committing. The State contends that the insertion of this
requirement into N.C.G.S. § 14-7.3 conflicts with this Court’s consistent refusal to
“engraft additional unnecessary burdens upon the due administration of justice,”
quoting State v. Freeman, 314 N.C. 432, 436, 333 S.E.2d 743, 746 (1985). According
to the State, N.C.G.S. § 14-7.3 simply does not require that an habitual felon
indictment identify the nature of the prior offense aside from alleging that it was a
felony. In the State’s view, the habitual felon indictment returned against defendant
in this case adequately alleged that defendant had attained habitual felon status by
alleging that defendant had committed and had been convicted of three prior felony
offenses, specifying the date upon which each felony offense had been committed,
asserting that the offenses in question were committed against the State of North
Carolina, listing the date upon which each conviction occurred, and identifying the
court in which defendant was convicted on each occasion, with the name of the prior
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Opinion of the Court
felony being mere surplusage unnecessary to the existence of a facially valid
indictment.
Defendant, on the other hand, asserts that the mere fact that an individual has
been convicted of three prior felony offenses does not suffice to establish that the
individual in question is an habitual felon given that the felonies necessary to
establish the existence of that status cannot overlap. For example, defendant notes
that the second felony must have been “committed after the conviction of or plea of
guilty to the first felony” and that the third felony must have been “committed after
the conviction of or plea of guilty to the second felony,” quoting N.C.G.S. § 14-7.1. In
light of that fact, a valid habitual felon indictment must allege “both the date the
defendant committed the felony and the date the defendant was convicted of that
same felony in the habitual felon indictment,” quoting Langley, ___ N.C. App. at ___,
803 S.E.2d at 171. In other words, in order for an habitual felon indictment to show
that the prior felony convictions upon which the State relies do not impermissibly
overlap, the dates upon which those felonies were committed and the dates upon
which defendant was convicted of committing those felonies must be set out in that
indictment. In defendant’s view, the habitual felon indictment returned against him
in this case is fatally defective because it did not provide conviction dates for the
second and third of the three felony offenses that defendant allegedly committed,
making it impossible to know whether defendant’s second and third common law
robbery convictions impermissibly overlapped given that the indictment did not
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STATE V. LANGLEY
Opinion of the Court
indicate when those two common law robbery offenses were committed, and because
the indictment did not provide offense dates for the second and third offenses for
which defendant was allegedly convicted, making it impossible to know whether
defendant’s second and third robbery with a dangerous weapon offenses did not
impermissibly overlap given that the indictment did not indicate when defendant was
convicted of committing those offenses.
“A valid . . . indictment is an essential of jurisdiction.” State v. McBane, 276
N.C. 60, 65, 170 S.E.2d 913, 916 (1969) (quoting State v. Morgan, 226 N.C. 414, 415,
36 S.E.2d 166, 167 (1946)). “The . . . indictment must charge all the essential
elements of the alleged criminal offense,” id. at 65, 170 S.E.2d at 916 (citing Morgan,
226 N.C. 414, 38 S.E.2d 166), “in a plain, intelligible, and explicit manner,” id. at 65,
170 S.E.2d at 916 (quoting N.C.G.S. § 15-153 (1969)).2 “The purpose of an indictment
‘is (1) to give the defendant notice of the charge against him to the end that he may
prepare his defense . . . [and] (2) to enable the court to know what judgment to
pronounce in case of conviction.’ ” State v. Russell, 282 N.C. 240, 243-44, 192 S.E.2d
294, 296 (1972) (quoting State v. Burton, 243 N.C. 277, 278, 90 S.E.2d 390, 391
(1955)). “[I]t is not the function of an indictment to bind the hands of the State with
technical rules of pleading; rather, its purposes are to identify clearly the crime being
charged. . . .” State v. Sturdivant, 304 N.C. 293, 311, 283 S.E.2d 719, 731 (1981). For
2 The relevant statutory language has not changed since McBane was decided.
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STATE V. LANGLEY
Opinion of the Court
that reason, indictment drafting is “no longer bound by the ‘ancient strict pleading
requirements of the common law.’ ” State v. Williams, 368 N.C. 620, 623, 781 S.E.2d
268, 271 (2016) (quoting Freeman, 314 N.C. at 436, 333 S.E.2d at 746).
The content of a valid indictment alleging that a defendant has attained
habitual felon status is specified in N.C.G.S. 14-7.3, which provides that the
indictment “shall be separate from the indictment charging [that person] with the
principal felony” and “must set forth the date that the prior felony offenses were
committed, the name of the state or other sovereign against whom said felony offenses
were committed, the dates that pleas of guilty were entered to or convictions returned
in said felony offenses, and the identity of the court wherein said pleas or convictions
took place.” N.C.G.S. § 14-7.3 (2017). In view of the fact that the ultimate question
before us in this case is whether N.C.G.S. § 14-7.3 requires that an indictment
charging that the defendant has attained habitual felon status must allege that the
defendant committed the same felony offense for which he was ultimately convicted,
we are required to interpret the relevant statutory provision to see if it embodies a
requirement of the type for which defendant contends.
“Legislative intent controls the meaning of a statute.” Midrex Techs., Inc. v.
N.C. Dep’t of Revenue, 369 N.C. 250, 258, 794 S.E.2d 785, 792 (2016) (quoting Brown
v. Flowe, 349 N.C. 520, 522, 507 S.E.2d 894, 895 (1998)). “The intent of the General
Assembly may be found first from the plain language of the statute, then from the
legislative history, ‘the spirit of the act and what the act seeks to accomplish.’ ” Id.
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STATE V. LANGLEY
Opinion of the Court
at 258, 794 S.E.2d at 792 (quoting Lenox, Inc. v. Tolson, 353 N.C. 659, 664, 548 S.E.2d
513, 517 (2001)). “Where the language of a statute is clear and unambiguous, there
is no room for judicial construction and the courts must construe the statute using its
plain meaning.” State v. Hooper, 358 N.C. 122, 125, 591 S.E.2d 514, 516 (2004)
(quoting Burgess v. Your House of Raleigh, Inc., 326 N.C. 205, 209, 388 S.E.2d 134,
136 (1990)). “[I]t is our duty to give effect to the words actually used in a statute and
not to delete words used or to insert words not used.” Lunsford v. Mills, 367 N.C.
618, 623, 766 S.E.2d 297, 301 (2014) (citations omitted).
The language of the relevant statutory provision is clear, unambiguous, and
requires no construction. N.C.G.S. § 14-7.3 states that an habitual felon indictment
must set forth (1) “the date that prior felony offenses were committed,” (2) “the name
of the state or other sovereign against whom said felony offenses were committed,”
(3) “the dates that pleas of guilty were entered to or convictions returned in said
felony offenses,” and (4) “the identity of the court wherein said pleas or convictions
took place.” N.C.G.S. § 14-7.3; accord Cheek, 339 N.C. at 729-30, 453 S.E.2d at 865
(explaining that an “habitual felon indictment fully comports with the requirements
of N.C.G.S. § 14-7.3 by setting forth the three prior felony convictions relied on by the
State, the dates these offenses were committed, the name of the state against whom
they were committed, the dates defendant’s guilty pleas for these offenses were
entered, and the identity of the court wherein these convictions took place”). The
indictment at issue in this case alleged that the three prior felony offenses upon which
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STATE V. LANGLEY
Opinion of the Court
the State relied in attempting to establish that defendant had attained habitual felon
status were committed on 11 September 2006, 8 October 2009, and 24 August 2011;
that the offenses that led to defendant’s felony convictions were committed against
the State of North Carolina; that defendant was convicted of committing these
offenses, the identity of which was specified in the body of the habitual felon
indictment, on 15 February 2007, 21 September 2010, and 5 May 2014; and that each
of these convictions occurred in the Superior Court, Pitt County. As a result, the
habitual felon indictment returned against defendant in this case contains all of the
information required by N.C.G.S. § 14-7.3 and provides defendant with adequate
notice of the bases for the State’s contention that defendant had attained habitual
felon status.
In addition, we note that the habitual felon indictment returned against
defendant in this case alleged that defendant had committed the offenses of robbery
with a dangerous weapon and had been convicted of the lesser included offenses of
common law robbery. “[I]t is well settled that an indictment for an offense includes
all the lesser degrees of the same crime,” State v. Baker, 369 N.C. 586, 595, 799 S.E.2d
816, 822 (2017) (quoting State v. Roy, 233 N.C. 558, 559, 64 S.E.2d 840, 841 (1951)),
so that, “[w]hen a defendant is indicted for a criminal offense, he may be convicted of
the charged offense or a lesser included offense when the greater offense charged in
the bill of indictment contains all of the essential elements of the lesser,” State v.
Thomas, 325 N.C. 583, 591, 386 S.E.2d 555, 559 (1989) (quoting State v. Weaver, 306
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Opinion of the Court
N.C. 629, 633, 295 S.E.2d 375, 377 (1982), abrogated on other grounds by State v.
Collins, 334 N.C. 54, 431 S.E.2d 188 (1993)). As a result, when defendant allegedly
committed the offense of robbery with a dangerous weapon on 8 October 2009 and 24
August 2011, he also committed the lesser included offense of common law robbery.
Thus, the Court of Appeals’ statement that “[i]t would be an impermissible inference
to read into the indictment that common law robbery took place on 8 October 2009 or
24 August 2011 because that is not what the grand jury found when it returned its
bill of indictment,” Langley, ___ N.C. App. at ___, 803 S.E.2d at 171, to the contrary
notwithstanding, the habitual felon indictment returned against defendant in this
case did effectively allege that defendant had both committed and been convicted of
common law robbery.
As a result, for all of these reasons, we hold that the habitual felon indictment
returned against defendant in this case was not fatally defective, reverse the Court
of Appeals’ decision, and remand this case to the Court of Appeals consideration of
defendant’s remaining challenge to the trial court’s judgments.
REVERSED AND REMANDED.
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