Opinion
No. 07-1526.
Filed 1 July 2008. This case not for publication.
Mecklenburg County Nos. 04 CRS 217009, 05 CRS 69302 .
Appeal by defendant from judgment entered 25 July 2007 by Judge Karl Adkins in Mecklenburg County Superior Court. Heard in the Court of Appeals 23 June 2008.
Attorney General Roy Cooper, by Assistant Attorney General P. Bly Hall, for the State. Winifred H. Dillon, for defendant-appellant.
Larry V. Pearson ("defendant") appeals from the judgment entered upon his conviction for felonious possession of cocaine and his guilty plea of attaining the status of an habitual felon. We find no error.
The State presented evidence tending to show the following: On 16 April 2004, two officers of the Charlotte-Mecklenburg Police Department arrested defendant on an outstanding warrant. The officers described defendant as "very cooperative" and said he "didn't give [them] any problems." When one of the officers searched defendant incident to the arrest, nothing was discovered. The officers then transported defendant to the Mecklenburg County Jail ("jail").
Deputy David Martin ("Deputy Martin") searched defendant at the jail's processing center. He discovered a plastic baggie in defendant's sock, and he placed the baggie on the receiving counter. Defendant first grabbed the baggie off the counter and stuffed it in his mouth, then he removed the baggie and threw it across the room. Deputy Martin ultimately regained control of the baggie and gave it to Officer William Colligan ("Officer Colligan"). The baggie contained a white substance which appeared to Officer Colligan to be cocaine. Officer Colligan placed the baggie and $1,560.00 in cash found on defendant with property control. The Charlotte-Mecklenburg Police Department Crime Laboratory identified the substance in the baggie as 1.95 grams of cocaine.
On 31 October 2005, the Mecklenburg County grand jury indicted defendant on charges of possession with intent to sell or deliver cocaine and of attaining the status of an habitual felon. At trial beginning on 23 July 2007, the State proceeded on the lesser-included charge of possession of cocaine. Defendant presented no evidence.
On 25 July 2007, the jury found defendant guilty of possession of cocaine. Defendant then pled guilty to attaining the status of an habitual felon, and Judge Karl Adkins sentenced defendant to a minimum term of 120 months to a maximum term of 153 months in the North Carolina Department of Correction. From the trial court's judgment, defendant appeals.
In his sole argument on appeal, defendant contends the trial court erred by imposing a sentence disproportionate to his crime of simple possession of cocaine in violation of his Eighth Amendment right to be free from cruel and unusual punishment. Defendant argues that the sentence imposed by the trial court is grossly disproportionate to the severity of the crime which he committed and that the sentence is a violation of his Eighth Amendment right to be free from cruel and unusual punishment. While he concedes that he did not object to the sentence before the trial court, he contends he may raise the issue on appeal pursuant to N.C. Gen. Stat. § 15A-1446(d)(18) (2007). However, "constitutional arguments will not be considered for the first time on appeal." State v. Chapman, 359 N.C. 328, 360, 611 S.E.2d 794, 819 (2005). Because defendant failed to preserve his Eighth Amendment argument, we dismiss this assignment of error. See State v. Freeman, ___ N.C. App. ___, ___, 648 S.E.2d 876, 881 (2007), appeal dismissed and reconsideration denied, 362 N.C. 178, ___ S.E.2d ___ (2008).
Defendant failed to set out his two remaining assignments of error in his brief. Because he has neither cited any authority nor stated any reason or argument in support of those assignments of error, they are deemed abandoned. N.C.R. App. P. 28(b)(6) (2007).
No error.
Chief Judge MARTIN and Judge STROUD concur.
Report per Rule 30(e).