Opinion
No. COA15–500.
02-02-2016
STATE of North Carolina v. Terry Cherelle GRAY, Jr. & Charles Hezekiah Gilchrist, Jr.
Attorney General Roy Cooper, by Assistant Attorney General Andrew O. Furuseth and David D. Lennon, for the State. Appellate Defender Staples Hughes, by Assistant Appellate Defender Anne M. Gomez, for Defendant Charles Gilchrist. Patterson Harkavy LLP, by Narendra K. Ghosh, for Defendant Terry Gray.
Attorney General Roy Cooper, by Assistant Attorney General Andrew O. Furuseth and David D. Lennon, for the State.
Appellate Defender Staples Hughes, by Assistant Appellate Defender Anne M. Gomez, for Defendant Charles Gilchrist.
Patterson Harkavy LLP, by Narendra K. Ghosh, for Defendant Terry Gray.
Opinion
Appeal by Defendants from judgments entered 9 April 2014 by Judge Quentin T. Sumner in Edgecombe County Superior Court. Heard in the Court of Appeals 19 October 2015. Edgecombe County, Nos. 12 CRS 52271–72, 52275–77.
Defendant Gilchrist also argues that the trial court erred by failing to dismiss the CCW charge because the handgun was partially exposed to view during the traffic stop. We dismiss this argument because Defendant Gilchrist did not present this argument before the trial court. See State v. Euceda–Valle, 182 N.C.App. 268, 272, 641 S.E.2d 858, 861 (2007) (refusing to reach the merits of the defendant's argument on appeal because a party “cannot ‘swap horses' between courts”).
id., and the fact that Defendants admitted to the aggravating factors does not preclude appellate review. We deny Defendants' petitions and address the merits of their appeal on this issue.?