State v. Carpenter

In State v. Carpenter, 361 N.C. 382, 390, 646 S.E.2d 105, 111 (2007), defendant was tried and convicted for possession of cocaine with intent to sell and deliver. Id. at 383, 646 S.E.2d at 107. The defendant's prior offense occurred eight years earlier and involved the sale of six unpackaged crack rocks, weighing 0.82 grams, to an undercover officer in a high crime area. In contrast, in the later incident no one observed the defendant make a drug sale, and none of the traditional indices of sale and delivery were present. Rather, police stopped an automobile in which the defendant was a passenger and found on his person twelve, unpackaged crack rocks, weighing 1.6 grams. The stop did not occur in the same neighborhood as the prior incident. In analyzing the two incidents in Carpenter, our Supreme Court concluded that the only real similarity between the incidents was the possession of several loose rocks of crack cocaine. Id. at 390, 646 S.E.2d at 111. Because the only similarity between the incidents in Carpenter was a common, generic characteristic in nearly all drug sales involving crack cocaine, the Court held that the admission of evidence regarding the earlier incident to show the defendant's intent was error. Id. at 391-92, 646 S.E.2d at 112.