State v. Ramirez, COA23-965, ___ N.C. App. __ (May. 7, 2024)

In this Mecklenburg County case, defendant appealed his convictions for second-degree sexual offense and rape, arguing (1) error in excluding testimony from a detective regarding defendant’s truthfulness and (2) clerical errors in the judgment. The Court of Appeals found no error with (1), but remanded for correction of the clerical errors. 

In December of 2019, the victim went out for drinks with her friends and became intoxicated. She woke up the next morning in her apartment with a head wound and various other injuries; at the hospital the nurse determined she had been sexually assaulted. Detectives determined defendant used the victim’s credit card at several locations, tracked him down and found items from the victim in his car. DNA evidence obtained from the victim at the hospital matched defendant.  

Taking up (1), the Court of Appeals assumed arguendo that it was inappropriate to exclude the testimony, and explained that the overwhelming evidence against defendant meant that he could not demonstrate prejudice from the excluded testimony. Moving to (2), the court explained that the written judgments contain the term “forcible” even though this was omitted from the indictments and jury instructions during trial. The court remanded for correction of this error in the judgments.