State v. Lucas

On discretionary review pursuant to N.C.G.S. § 7A-31 of a unanimous decision of the Court of Appeals, 138 N.C. App. 226, 530 S.E.2d 602 (2000), finding error in judgments entered 24 February 1998 by Bowen, J., in Superior Court, Harnett County, and ordering a new trial. On 12 July 2000, the Supreme Court allowed defendant's conditional petition for discretionary review as to additional issues. On 5 October 2000, the Supreme Court agreed to hear defendant's motion for appropriate relief and ordered both parties to file supplemental briefs. Heard in the Supreme Court 14 February 2001. Defendant William Rashad Lucas was indicted for first-degree murder, first-degree burglary, first-degree kidnapping, possession of a weapon of mass death and destruction, conspiracy to commit murder and conspiracy to commit kidnapping. He was tried before a jury at the 16 February 1998 Criminal Session of Superior Court, Harnett County. On 24 February 1998, the jury returned verdicts convicting defendant of first-degree burglary as an aider and abettor, second-degree kidnapping as an aider and abettor, and possession of a weapon of mass destruction, while acquitting him of first-degree murder and the conspiracy charges. The trial court sentenced defendant to consecutive terms of imprisonment of 124 to 146 months for first-degree burglary, 85 to 99 months for second-degree kidnapping, and 16 to 20 months for possession of a weapon of mass death and destruction.