# State v. Blackwell

> Court of Appeals of North Carolina · December 7, 1999 · 135 N.C. App. 729

URL: https://www.frixlaw.com/law-library/cases/9851140

## Case

- **Full name:** State of North Carolina v. Timothy Earl Blackwell
- **Court:** Court of Appeals of North Carolina
- **Decided:** December 7, 1999
- **Citations:** 135 N.C. App. 729; 522 S.E.2d 313; 1999 N.C. App. LEXIS 1241
- **Precedential status:** Published
- **Opinion:** Dissent by Walker
- **Judges:** Lewis, Hunter, Walker
- **Cited by:** 24 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9851140

## How later opinions describe it (automated extraction)

- stating that “due process mandates strict adherence to any plea agreement”

## Opinion text

Judge Walker
dissents.
I respectfully dissent from the majority opinion which grants the defendant a new trial in case numbers 97 CRS 6390 and 97 CRS 6421, dealing with felony murder and felony assault.
The majority concludes that the State violated the plea agreement in 97 CRS 6391, which was introduced at defendant’s trial, by allowing the State to use felonious impaired driving to prove felony assault, resulting in prejudicial error. I disagree.
Independent of the plea agreement and the charge of felonious impaired driving, the record contains overwhelming evidence, properly admitted, which showed that on this occasion the defendant was operating his vehicle in a reckless manner and drove his vehicle across the center line, striking the victim’s vehicle. While operating his vehicle, the defendant was under the influence of alcohol, heroin and cocaine. Thus, the evidence would enable the jury to find the defendant guilty of operating his vehicle in a culpably negligent manner, thereby committing felony assault used to prove felony murder. I conclude there was no prejudicial error in the defendant’s trial.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9851140. Public record. Not legal advice.