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State v. Galloway8/21/2001
Appeal by defendants from judgments entered 17 December 1999 by Judge W. Allen Cobb, Jr. in New Hanover County Superior Court. Heard in the Court of Appeals 17 May 2001.
Terrence Galloway ("defendant Galloway") and Edward Antoine Rheddick ("defendant Rheddick") appeal from judgments on jury verdicts finding them guilty of the rape, sexual offense, attempted murder, and kidnapping of Ronda Seaton ("the victim"). On appeal, defendants assign error to the trial court's: (1) denial of their motions for mistrial based on the State's alleged use of perjured testimony and the State's closing argument, (2) limitation of the cross-examination of the victim, (3) jury instructions on first- degree rape, and (4) denial of defendant Rheddick's motion to sever. After a careful review of the record and briefs, we find no error as to the trial court's rulings; however, as to defendant Rheddick, we vacate his conviction for attempted second-degree murder in light of our Supreme Court's decision in State v. Coble, 351 N.C. 448, 527 S.E.2d 45 (2000).
The State's evidence tended to show that on 10 February 1998, defendant Galloway, defendant Rheddick, and Maurice Brown ("Brown") were riding around in a white Honda automobile with tinted windows, and the men had two guns in the automobile. At approximately 11:00 p.m., the three men saw the victim, and they stopped to pick her up. According to the victim's testimony, the men forced her into the car at gun point and abducted her against her will. However, Brown contradicted the victim's account, testifying instead that the victim voluntarily entered the car and agreed to exchange sex for money.
After searching for a location to stop, defendant Galloway drove the car onto a side road. When the car was parked, the victim testified that defendant Rheddick, holding a gun, ordered her out of the car and told her to undress. The victim began to comply, but before she could finish undressing, defendant Rheddick ripped off her shirt. Defendant Rheddick then pushed the victim into the car, forced her to perform oral sex on him, and thereafter engaged in vaginal intercourse. When defendant Rheddick was finished, the victim ran off into the woods. However, after some coaxing by the three men, she came back. Thereafter, defendant Rheddick threw the victim onto the hood of the car and placed a gun inside her vagina. Next, defendant Galloway ordered the victim to get inside the car. When the two were in the car, defendant Galloway forced the victim to perform oral sex on him, and thereafter engaged in vaginal intercourse.
Brown's testimony of defendants' actions when they arrived at the side road is fairly consistent with the victim's, however, Brown testified that first defendant Galloway, and then defendant Rheddick, had sex with the victim. After both defendants were finished, Brown got into the car with the victim. The victim was forced to perform oral sex and engage in vaginal intercourse with Brown, also. At this juncture, the victim got out of the car and again attempted to flee. However, the victim's attempt was thwarted as Brown pushed her down, defendant Galloway beat her with a two-by-two board with a bolt in it, and defendant Rheddick kicked her. After this attack, the victim lost consciousness; and the three men left the scene.
Defendant Galloway and defendant Rheddick were tried together in a joint trial during the 6 December 1999 Criminal Session of New Hanover County Superior Court, the Honorable W. Allen Cobb, Jr. presiding. At the conclusion of the trial, the jury found (1) defendant Galloway guilty of first-degree rape, first-degree sexual offense, attempted first-degree murder, and first-degree kidnapping, and (2) defen
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