NC Rule of Evidence 404(B) Example Case
In State v. McCoy, 174 N.C. App. 105, 620 S.E.2d 863 (2005), "a jury found defendant guilty of one count of assault inflicting serious bodily injury, two counts of assault inflicting serious injury, two counts of assault with a deadly weapon, and two counts of second-degree kidnaping." McCoy, 174 N.C. App. at 108, 620 S.E.2d at 867.
At trial, the State sought to introduce evidence of defendant's prior conviction for assault inflicting serious injury under Rule 404(b). Id. at 110, 620 S.E.2d at 867.
In determining the trial court erred in admitting evidence of defendant's prior conviction, the Court held:
While the trial court properly admitted Officer Wall's testimony under Rule 404(b), it erred in admitting the evidence of defendant's prior conviction pursuant to Rule 404(b). As in Wilkerson, the bare fact of a non-testifying defendant's prior conviction was admitted and published to the jury under Rule 404(b) after testimony had been elicited to establish the factual basis underlying that conviction. Because we are unable to distinguish this case from Wilkerson, we conclude that the trial court committed prejudicial error entitling defendant to a new trial. Id. at 111, 620 S.E.2d at 868.