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State v. Ramos, 668 S.E.2d 357 (N.C. Ct. App. 2008)
Court of Appeals of North Carolina
Filed: November 18th, 2008
Precedential Status: Precedential
Citations: 668 S.E.2d 357
Docket Number: COA07-994
Author: Martha A. Geer

668 S.E.2d 357 (2008)
STATE of North Carolina
v.
Geraldine Lewis RAMOS, Defendant.

No. COA07-994.
Court of Appeals of North Carolina.

November 18, 2008.
*359 Attorney General Roy Cooper, by Assistant Attorney General Catherine F. Jordan, for the State.

Peter Wood, Raleigh, for defendant-appellant.

GEER, Judge.

Defendant Geraldine Lewis Ramos appeals from her conviction of damaging a computer or computer network in violation of N.C. Gen.Stat. § 14-455(a) (2007). In order to obtain a conviction under that statute, the State must prove the defendant acted "willfully." We agree with defendant that the trial court erred by failing to instruct the jury that it was required to determine whether defendant deleted files on the computer willfully. Because there is a reasonable possibility that the jury might have reached a different verdict if properly instructed, we must grant defendant a new trial.

Facts

The State's evidence tended to show the following facts. Defendant was hired as a community outreach coordinator by the Latin American Resource Center ("LARC") on 15 May 2005. Her supervisor was LARC's director and founder, Aura Camacho-Maas. At that time, LARC had three full-time employees, including Camacho-Maas and defendant, and eight part-time employees. LARC had a computer network with five computers.

One of defendant's responsibilities was to write grant proposals for the organization. One proposal was supposed to be completed by 1 August 2005. On 1 August 2005, however, the proposal was not complete, and defendant and Camacho-Maas had to work until midnight to get the proposal done.

During the week prior to 15 August 2005, Camacho-Maas assigned defendant a second grant proposal due on 15 August 2005. The proposal required defendant to access computer files related to LARC's teacher apprenticeship program ("TAP"). When, on 15 August 2005, the proposal was still not completed, Camacho-Maas and defendant, who were the only employees in the office, had to work on the grant proposal together.

On that same day, Camacho-Maas told defendant that she was being terminated because she was unable to do the work required for her position. When Camacho-Maas asked defendant for her keys to the office, defendant refused to hand them over until she received her paycheck. Camacho-Maas explained to defendant that she would receive her paycheck at the end of the month as usual, and defendant left the building. Camacho-Maas followed defendant and told the receptionist that defendant had been terminated from her job and was not to enter the building without Camacho-Maas being present. The receptionist requested that Camacho-Maas send an e-mail confirming that instruction.

While Camacho-Maas was in her office typing the e-mail, she heard noises in the lobby. When she went to see what was happening, defendant and the receptionist were coming out of defendant's office with drums defendant had brought to LARC for a summer art program. After they left, Camacho-Maas closed the door to defendant's office and went back into her own office.

*360 Moments later, Camacho-Maas realized the receptionist and defendant were again coming out of defendant's office. Camacho-Maas became concerned, went into defendant's office, sat down at defendant's computer, and discovered that the TAP files were missing from LARC's server. Camacho-Maas had seen the TAP files on the server earlier that day before she had terminated defendant's employment. Only LARC employees have access to the TAP files, and Camacho-Maas had not authorized anyone to move or remove the TAP files. Camacho-Maas called the police, and Detective B.R. Williams of the Raleigh Police Department was assigned to investigate the case.

On 16 August 2005, defendant returned to LARC, and Camacho-Maas called Detective Williams. He went to LARC, met defendant, and told her why he was there. Defendant admitted that she had copied files onto her flash drive. Detective Williams asked defendant to accompany him to the police station so that he could copy the contents of the flash drive. A member of the Raleigh Police Department's cybercrimes unit found approximately 304 LARC files on defendant's flash drive, 80% of which were TAP files that were "either deleted or deleted and overwritten."

Defendant was charged with damaging a computer system or computer network. On 3 November 2005, defendant pled guilty in district court to damaging a computer. The trial court sentenced defendant to a suspended sentence of 45 days imprisonment and 12 months supervised probation. Defendant appealed to superior court on 7 November 2005.

During the trial in superior court, defendant presented evidence that she had researched and developed a curriculum that cost $5,000.00 to $6,000.00—a curriculum that she knew Camacho-Maas would want. Upon her termination, defendant told Camacho-Maas that she was going to delete her work off the computer. Camacho-Maas responded that defendant's work was not good and, therefore, she did not care if defendant deleted the files. Defendant testified that she never deleted the TAP files, but rather only deleted the research she had done for the curriculum and the part of the grant proposal that she had written. Defendant also testified that Camacho-Maas knew that defendant was deleting files and never said anything about what defendant was doing.

The jury found defendant guilty of damaging a computer system or computer network on 14 December 2006. The court sentenced defendant to a suspended sentence of 45 days and 18 months supervised probation. Defendant was also ordered to pay a fine in the amount of $3,107.50 and to complete 100 hours of community service. Defendant timely appealed to this Court.

I

Defendant first contends that the trial court erred in denying her motion to dismiss. When considering a motion to dismiss, the trial court must determine whether the State presented substantial evidence of each element of the crime and of the defendant's being the perpetrator. State v. Robinson, 355 N.C. 320, 336, 561 S.E.2d 245, 255, cert. denied, 537 U.S. 1006, 123 S. Ct. 488, 154 L. Ed. 2d 404 (2002). "`Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.'" State v. Matias, 354 N.C. 549, 552, 556 S.E.2d 269, 270 (2001) (quoting State v. Brown, 310 N.C. 563, 566, 313 S.E.2d 585, 587 (1984)). The evidence must be viewed "in the light most favorable to the State, giving the State the benefit of every reasonable inference and resolving any contradictions in its favor." State v. Rose, 339 N.C. 172, 192,  451 S.E.2d 211, 223 (1994), cert. denied, 515 U.S. 1135, 115 S. Ct. 2565, 132 L. Ed. 2d 818 (1995).

N.C. Gen.Stat. § 14-455(a), the offense charged in defendant's indictment, states: "It is unlawful to willfully and without authorization alter, damage, or destroy a computer, computer program, computer system, computer network, or any part thereof." Thus, a violation of this statute requires proof: (1) that the defendant altered, damaged, or destroyed a computer, computer program, computer system, computer network, or any part thereof, (2) that the defendant *361 did so willfully, and (3) without authorization.

In this case, defendant argues only that the State presented insufficient evidence that she acted willfully. She asserts that any files deleted were her own personal property, were deleted with the permission of the director of LARC, or were accidentally deleted. Defendant's argument is, however, based solely on her own testimony. Defendant overlooks the fact that, on appeal from the denial of a motion to dismiss, we look only at the State's evidence. State v. Barnett, 141 N.C.App. 378, 382-83, 540 S.E.2d 423, 427 (2000), appeal dismissed and disc. review denied in part, 353 N.C. 527, 549 S.E.2d 552, aff'd per curiam in part, 354 N.C. 350, 554 S.E.2d 644 (2001). A defendant's evidence may be considered only if it "`explains, clarifies or is not inconsistent with the State's evidence.'" Id. (quoting State v. Walker, 332 N.C. 520, 530, 422 S.E.2d 716, 722 (1992), cert. denied, 508 U.S. 919, 113 S. Ct. 2364,  124 L. Ed. 2d 271 (1993)).

Because "willfulness" involves a state of mind, "`ordinarily it must be proved, if proven at all, by circumstantial evidence, that is, by proving facts from which the fact sought to be proven may be reasonably inferred.'" State v. Alexander, 337 N.C. 182, 188, 446 S.E.2d 83, 86-87 (1994) (quoting State v. Ferguson, 261 N.C. 558, 561, 135 S.E.2d 626, 629 (1964)). In this case, the State presented evidence that when defendant's employment was terminated, she "became enraged" and her "words and her body language were... very violent." Defendant also would not give Camacho-Maas her keys without immediately getting her paycheck. After Camacho-Maas explained that she would have to wait until the end of the month for her paycheck, defendant refused to hand over her keys and left.

The critical files were found missing from the LARC server a short while later, after defendant had returned to her office. The police discovered the missing files on defendant's flash drive with 80% of them deleted or deleted and overwritten. When questioned by the police, defendant stated that "she would give Miss Camacho-Maas' files back when she got her paycheck." At trial, defendant admitted deleting LARC computer files, including curriculum files and grant-writing files, although she claimed that Camacho-Maas had given her permission to delete her "personal files," which she interpreted to include work-related files.

This evidence was sufficient to allow a jury to find that defendant deleted computer files willfully. The trial court, therefore, properly denied the motion to dismiss.

II

Defendant next contends the trial court erred in instructing the jury as to the elements of the offense under N.C. Gen.Stat. § 14-455(a). Defense counsel requested in writing the following instruction:

For you to find the defendant guilty you must find that she
1. Willfully, that is intentionally and without an honest belief that there is an excuse or justification for it[,]
2. Without the knowledge or consent of the owner, Latin American Resource Center[,]
3. Damaged, Altered, or Destroyed a computer, computer network, computer program, computer system or part thereof of the Latin American Resource Center[.]
The court denied defense counsel's requested instruction and the court submitted the following instruction to the jury:

The defendant, Geraldine Lewis Ramos, has been charged with the misdemeanor of damaging a compute [sic] system or computer network, or any part thereof.
For you to find the defendant guilty of this offense the State must prove two things:
First, that the defendant damaged a computer system or computer network or any part thereof by deleting a file or files from the computer system or computer network.
Second, that the defendant did so without authorization. A person is without authorization when although the person has the consent or permission of owner [sic] to access a computer system or computer network the person does so in a *362 manner which exceeds the consent or permission.
If you find from the evidence beyond a reasonable doubt that on or about August the 15th, 2005 the defendant, without authorization, damaged a computer system or computer network, it would appeal [sic] your duty to return a verdict of guilty.
Defendant contends that the trial court's instruction was insufficient because it did not instruct the jury that it was required to find that defendant acted willfully.

The State contends that we should review the trial court's instructions to the jury under an abuse of discretion standard. The State has, however, mistakenly lumped all jury instruction issues under one standard of review. Our appellate courts have repeatedly held that "[a] trial judge is required by N.C.G.S. § 15A-1231 and N.C.G.S. § 15A-1232 to instruct the jury on the law arising on the evidence. This includes instruction on the elements of the crime." State v. Bogle, 324 N.C. 190, 195, 376 S.E.2d 745, 748 (1989) (emphasis added). See also State v. Gooch, 307 N.C. 253, 256, 297 S.E.2d 599, 601 (1982) ("The trial court must charge the essential elements of the offense."); State v. Jarrett, 137 N.C.App. 256, 265, 527 S.E.2d 693, 699 ("The trial court is required to instruct the jury as to the essential elements of the offense charged and when the court undertakes to define the law, it must do so correctly."), disc. review denied, 352 N.C. 152, 544 S.E.2d 233 (2000).

The appellate courts have recognized that a trial judge has discretion in the manner in which he charges the jury, "`but he must explain every essential element of the offense charged.'" State v. Valladares, 165 N.C.App. 598, 607, 599 S.E.2d 79, 86 (emphasis added) (quoting State v. Young, 16 N.C.App. 101, 106,  191 S.E.2d 369, 373 (1972)), appeal dismissed and disc. review denied, 359 N.C. 196, 608 S.E.2d 66 (2004). See also State v. Holmes, 120 N.C.App. 54, 71, 460 S.E.2d 915, 925 ("While the court must explain each essential element of the offense charged, the manner in which it chooses to do so is within its discretion."), disc. review denied, 342 N.C. 416, 465 S.E.2d 545 (1995). This Court distinguished the aspects of jury instructions subject to discretion from those that are mandatory in State v. Wallace, 104 N.C.App. 498, 504, 410 S.E.2d 226, 230 (1991) (internal citations omitted), appeal dismissed and disc. review denied, 331 N.C. 290, 416 S.E.2d 398, cert. denied, 506 U.S. 915, 113 S. Ct. 321, 121 L. Ed. 2d 241 (1992):

In North Carolina, a trial judge is not required to follow any particular form in giving instructions and has wide discretion in presenting the issues to the jury. A judge is not required to state, summarize, or recapitulate the evidence, or to explain the application of the law to the evidence, although he may elect to do so in his discretion. A trial judge must, however, charge every essential element of the offense.
In short, if "willfulness" is an element of an offense under N.C. Gen.Stat. § 14-455(a), then the trial court was required to include "willfulness" in its instructions.

The State does not dispute either that willfulness is an element of N.C. Gen.Stat. § 14-455(a) or that the trial court's instruction failed to instruct the jury that defendant must have acted willfully. The State, however, contends that no error occurred because the trial court instructed the jury that defendant must have acted "without authorization." According to the State, "without authorization" and "willfully" are synonymous concepts. We cannot agree.

Our General Assembly defined "authorization" for purposes of computer-related crimes, including N.C. Gen.Stat. § 14-455(a), as meaning "having the consent or permission of the owner, or of the person licensed or authorized by the owner to grant consent or permission to access a computer, computer system, or computer network in a manner not exceeding the consent or permission." N.C. Gen.Stat. § 14-453(1a) (2007). As a result, a person acts "without authorization" if she accesses a computer without the consent or permission of the owner or in a manner exceeding any consent or permission. On the other hand, "`[w]ilful' as used in criminal statutes means the wrongful doing of an act without justification or excuse, or *363 the commission of an act purposely and deliberately in violation of law." State v. Arnold, 264 N.C. 348, 349, 141 S.E.2d 473, 474 (1965). One may act "without authorization," but still not act willfully. For example, a person who accidentally deletes files is not acting willfully, but has deleted the files without authorization.

Consequently, the trial court's instruction that the jury was required to find that defendant acted "without authorization" did not satisfy the requirement that the jury be instructed as to willfulness. A contrary interpretation of the statute would be inconsistent with established principles of statutory construction:

"[W]e are guided by the principle of statutory construction that a statute should not be interpreted in a manner which would render any of its words superfluous. We construe each word of a statute to have meaning, where reasonable and consistent with the entire statute, because it is always presumed that the legislature acted with care and deliberation."
State v. Haddock, ___ N.C.App. ___, ___, 664 S.E.2d 339, 345 (2008) (quoting State v. Coffey, 336 N.C. 412, 417-18, 444 S.E.2d 431, 434 (1994)). The State's contention would require that we view either "willfully" or "without authorization" as redundant or surplusage. A more reasonable construction of the statute—especially given the plain meaning of the words—is that the General Assembly intended to require proof both of willfulness and lack of authorization. See Porsh Builders, Inc. v. City of Winston-Salem, 302 N.C. 550, 556, 276 S.E.2d 443, 447 (1981) ("It is presumed that the legislature intended each portion to be given full effect and did not intend any provision to be mere surplusage.").

When a trial court fails to instruct a jury that the State was required to prove willfulness as an element of a crime, the court has erred. See State v. Maxwell, 47 N.C.App. 658, 660, 267 S.E.2d 582, 584 (holding that trial court "should have charged on willfulness as an element"), appeal dismissed and disc. review denied, 301 N.C. 102, 273 S.E.2d 307 (1980). "Ordinarily, failure to instruct on each element of a crime is prejudicial error requiring a new trial." State v. Whiteley, 172 N.C.App. 772, 780, 616 S.E.2d 576, 581 (2005). Nevertheless, a failure to instruct on willfulness may amount to harmless error. See State v. Rose, 53 N.C.App. 608, 611, 281 S.E.2d 404, 406 (1981) (finding no prejudice when court failed to instruct jury that defendant's escape from prison must have been willful because "nothing in the record in any way indicates that defendant's escape was anything other than `willful'"); Maxwell, 47 N.C.App. at 660, 267 S.E.2d at 584 (finding no prejudice because "all the evidence shows that if defendant took indecent liberties with the child he did so willfully").

In arguing that defendant was not prejudiced by any error, the State argues that "defendant admitted she deleted LARC's computer files." It is, however, well established that a showing that an act was intentional is not the same as a showing that the act was willful. As this Court explained in State v. Whittle, 118 N.C.App. 130, 135, 454 S.E.2d 688, 691 (1995) (quoting State v. Stephenson, 218 N.C. 258, 264, 10 S.E.2d 819, 823 (1940)), "[t]he word `willfully' means `something more than an intention to commit the offense.' ... `It implies committing the offense purposely and designedly in violation of law.'" See also State v. Clifton, 152 N.C. 800, 802, 67 S.E. 751, 752 (1910) ("The word willful as used within the meaning of the statute implies something more than a mere voluntary purpose. When used in criminal statutes the word willful means not only designedly, but also with a `bad purpose.'"); Glenn-Robinson v. Acker, 140 N.C.App. 606, 619, 538 S.E.2d 601, 611 (2000) (holding that when statute requires willfulness, word "willfully" means more than intention to commit offense), appeal dismissed and disc. review denied, 353 N.C. 372, 547 S.E.2d 811 (2001).

Here, defendant presented evidence that she believed Camacho-Maas had authorized her to delete files amounting to her own work. Defendant testified that, at the time of her termination, defendant told Camacho-Maas, "since my work is no good I guess you won't mind if I take my work off computer [sic]." According to defendant, Camacho-Maas responded, "this was no consequence to *364 her, that the work was not good, and it was no consequence." Defendant testified that Camacho-Maas followed defendant into her office while defendant was deleting the files. Defendant testified Camacho-Maas "didn't say anything, but she knew what I was doing at that time, reason [sic] I walked back down to the room." Defendant claimed that the only files that she deleted were:

[t]he curriculum, research that I had done for the curriculum. I deleted part of the grant which was the grant that I had written. I think that was about three, three files, but it was not the TAP file.
TAP file was in the server. It was a server and, in order for, to go into the server. She had already worked in the server, so I could not [sic] to go into the TAP file.
I would have [sic] go into the server. Server couldn't be but one person going into it at the time, so I don't know.
Based on this testimony, the jury could reasonably find that defendant intended only to delete files that she believed— according to the State, incorrectly—Camacho-Maas had consented to her deleting. As our Supreme Court has held, "[n]either does one `willfully and knowingly' violate a statute when he does that which he believes he has a bona fide right to do." State v. Fraylon, 240 N.C. 365, 373, 82 S.E.2d 400, 405 (1954). A jury could further find, based on defendant's testimony that she did not intend to delete the TAP files and did not believe she could enter the TAP files while Camacho-Maas was working on them, that any deletion of the files was accidental. Thus, the record contains evidence that would allow a jury to find that she deleted files without authorization, but not willfully. The trial court's failure to include willfulness in its instructions cannot, therefore, be deemed harmless error.

Accordingly, defendant is entitled to a new trial. Because of our disposition of this appeal, we need not address defendant's remaining contentions.

New trial.

Judge STROUD concurs.

Judge TYSON concurs in part and dissents in part in a separate opinion.

TYSON, Judge concurring in part and dissenting in part.

I fully concur with that portion of the majority's opinion affirming the trial court's denial of Geraldine Lewis Ramos's ("defendant") motion to dismiss based upon the sufficiency of the evidence. Although the trial court failed to instruct the jury that the State was required to prove the element of willfulness, defendant failed to show any prejudice by this omission and is not entitled to a new trial. I disagree with that portion of the majority's opinion granting defendant a new trial based upon the instructions submitted to the jury. I respectfully dissent.

I. Standard of Review

This Court reviews jury instructions contextually and in its entirety. The charge will be held to be sufficient if "it presents the law of the case in such manner as to leave no reasonable cause to believe the jury was misled or misinformed...." The party asserting error bears the burden of showing that the jury was misled or that the verdict was affected by [the] instruction. "Under such a standard of review, it is not enough for the appealing party to show that error occurred in the jury instructions; rather, it must be demonstrated that such error was likely, in light of the entire charge, to mislead the jury."
State v. Blizzard, 169 N.C.App. 285, 296-97, 610 S.E.2d 245, 253 (2005) (quoting Bass v. Johnson, 149 N.C.App. 152, 160, 560 S.E.2d 841, 847 (2002)) (emphasis supplied).

II. Analysis

The majority's opinion holds the trial court committed reversible error and awards defendant a new trial because the trial court failed to instruct the jury that the State was required to prove that defendant "willfully" deleted the files off of LRAC's computer network. I disagree.

It is well-established that a trial judge is required to instruct the jury on every essential element of the crime charged. State v. *365 Mundy, 265 N.C. 528, 529, 144 S.E.2d 572, 573 (1965); State v. Hunt, 339 N.C. 622, 649, 457 S.E.2d 276, 292 (1994). Here, defendant was charged and convicted of a violation of N.C. Gen.Stat. § 14-455, which provides:

It is unlawful to willfully and without authorization alter, damage, or destroy a computer, computer program, computer system, computer network, or any part thereof. A violation of this subsection is a Class G felony if the damage caused by the alteration, damage, or destruction is more than one thousand dollars ($1,000). Any other violation of this subsection is a Class 1 misdemeanor.
N.C. Gen.Stat. § 14-455(a) (2005) (emphasis supplied). The trial court correctly instructed the jury on the element of "without authorization[,]" but failed to instruct the jury on willfulness. Based upon principles of statutory interpretation and contrary to the State's contention, the terms "willfully" and "without authorization" are not interchangeable. See Lithium Corp. of Am. v. Town of Bessemer City, 261 N.C. 532, 535, 135 S.E.2d 574, 577 (1964) ("Ordinarily, when the conjunctive "and" connects words, phrases or clauses of a statutory sentence, they are to be considered jointly." (Citation omitted)).

The majority's opinion correctly points out that the failure to instruct the jury on the element of willfulness has been repeatedly held to be harmless error. See State v. Rose, 53 N.C.App. 608, 611, 281 S.E.2d 404, 406 (1981); State v. Maxwell, 47 N.C.App. 658, 660-61, 267 S.E.2d 582, 584, disc. rev. denied, 301 N.C. 102, 273 S.E.2d 307 (1980). Here, our task is to determine whether the trial court's error prejudiced defendant to entitle her to a new trial. See N.C. Gen.Stat. § 15A-1443(a) (2005) ("A defendant is prejudiced by errors relating to rights arising other than under the Constitution of the United States when there is a reasonable possibility that, had the error in question not been committed, a different result would have been reached at the trial out of which the appeal arises. The burden of showing such prejudice under this subsection is upon the defendant." (Emphasis supplied)).

Although defendant presented evidence tending to show that her supervisor, Aura Camacho-Mass ("Camacho-Mass"), had authorized defendant to delete her personal files from LRAC's computer, other overwhelming evidence shows that defendant's actions were unequivocally willful. At trial, Camacho-Mass recounted the events which took place after she had informed defendant of her termination. Camacho-Mass testified defendant "became enraged. Her words and her body language were, were [sic] very violent. And she was crying in my office after she told me many things." Camacho-Mass further testified that defendant stated she "was a fake" and that "she'll destroy me in the agency." Defendant refused to return her office keys and immediately demanded her paycheck. Camacho-Mass informed defendant that she would receive her paycheck at the end of the month. After defendant left the building, Camacho-Mass informed the receptionist that defendant was not to be allowed to re-enter the building without her presence.

Shortly thereafter, Camacho-Mass heard noises outside her office and observed defendant and the receptionist exit defendant's office carrying drums that were used in the agency's summer program. Camacho-Mass testified she refrained from commenting on defendant's presence because she believed the drums belonged to defendant.

Camacho-Mass subsequently observed defendant and the receptionist exit defendant's office a second time and became "really concerned." Camacho-Mass sat down at defendant's computer, opened up the file server, and discovered that all the Teacher Apprenticeship Program ("TAP") files had been deleted from the agency's computer network. Camacho-Mass reported defendant's actions to the police. Camacho-Mass testified that neither defendant nor other personnel had permission to duplicate or remove the TAP files from LRAC's network.

Raleigh Police Detective James Neville ("Detective Neville") of the cyber crimes unit, confirmed that 304 files were stored on LRAC's flash drive and approximately 80 percent of these files were either deleted or overwritten.

*366 The following day, defendant returned to her former workplace and met with Detective B.R. Williams to discuss the missing files. Defendant admitted she had copied the files onto her personal thumb drive "because they [were] her work." However, defendant also stated "she would give Miss Camacho-Mass' files back when she got her paycheck."

The jury also heard additional evidence regarding defendant's actions after this incident occurred. Defendant sent a "very incriminating letter" to all of the board members implying that Camacho-Mass had engaged in "racial behavior" and was misappropriating agency funds. Defendant's demeanor, her threat that she would "destroy" Camacho-Mass, her refusal to surrender her keys after termination, and her repeated returns to her former office after termination, the circumstances surrounding the deletion of the files, and defendant's statement that she had copied the files and would give the files back when "she got her paycheck" unequivocally show defendant's actions in duplicating and removing the files was willful. Based upon the preceding evidence, no reasonable probability exists that a different result would have been reached at trial if the trial court had instructed the jury on the element of willfulness. N.C. Gen.Stat. § 15A-1443.

Defendant has failed to show she was prejudiced by the trial court's jury instructions and is not entitled to a new trial. Because I would hold that defendant is not entitled to a new trial on this issue, I address defendant's remaining assignment of error.

III. Sentencing

Defendant argues the trial court erred by sentencing her to a "harsher sentence" than she received in the district court.

A sentence within statutory limits is presumed to be regular. Where the record, however, reveals the trial court considered an improper matter in determining the severity of the sentence, the presumption of regularity is overcome. It is improper for the trial court, in sentencing a defendant, to consider the defendant's decision to insist on a jury trial. Where it can be reasonably inferred the sentence imposed on a defendant was based, even in part, on the defendant's insistence on a jury trial, the defendant is entitled to a new sentencing hearing.
State v. Peterson, 154 N.C.App. 515, 517, 571 S.E.2d 883, 885 (2002) (internal citation and quotation omitted). In district court, defendant was sentenced to a suspended sentence of forty-five days imprisonment and was placed on supervised probation for a period of twelve months. Defendant appealed to the superior court and asserted her right to a jury trial.

After the jury had returned a guilty verdict, the superior court imposed a suspended sentence of forty-five days imprisonment and placed defendant on supervised probation for a period of eighteen months. It is undisputed that the suspended sentence defendant received in superior court was authorized by statute, rested in the presumptive range, and was identical to the suspended sentence she received in district court. Before the superior court judge imposed defendant's sentence, he stated:

I hope that your counsel told you, as he should have, that I am not bound to do what that district court judge did, and likely to do that, because up here we don't do that.
They generally give minimum sentences down in district court. But any, any [sic] person who appeals a minimum sentence of the district court, thinks [they are] going to get a better result that you got get [sic] from those people is a fool.
Any lawyer who tells someone to take up an appeal of a minimum sentence out of district court is equally unwise.
Defendant argues the preceding statements are evidence that her sentence was based on irrelevant and improper matters. I disagree. Nothing in the trial court's comments reveals it considered an improper matter in determining the severity of defendant's sentence or referred to her "insistence on a jury trial." Id. The trial court imposed the same suspended sentence defendant had received in district court. I vote to overrule this assignment of error.

*367 IV. Conclusion

The trial court properly denied defendant's motion to dismiss. The trial court failed to instruct the jury on the element of willfulness contained in N.C. Gen.Stat. § 14-455. However, the totality of the evidence presented at trial shows defendant's actions in copying the files to her personal thumb drive and deleting the files off of LRAC's network were unequivocally unlawful and done "willfully" and without authorization. N.C. Gen. Stat. § 15A-1443. Defendant has failed to show she was prejudiced by the trial court's erroneous jury instruction and is not entitled to a new trial.

Nothing in the record supports a reasonable inference that the trial court considered "improper matter[s]" in sentencing defendant or that "the sentence imposed on [] defendant was based, even in part, on [] defendant's insistence on a jury trial[.]" Peterson, 154 N.C.App. at 517, 571 S.E.2d at 885. Defendant received a fair trial, free from prejudicial errors she preserved, assigned, and argued. I respectfully dissent.

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text: GEER

text: Judge

text: Defendant

text: Geraldine

text: Lewis

text: Ramos

text: appeals

text: from

text: her

text: conviction

text: of

text: damaging

text: a

text: computer

text: or

text: computer

text: network

text: in

text: violation

text: of

text: N

text: C

text: Gen

text: Stat

text: a

text: In

text: order

text: to

text: obtain

text: a

text: conviction

text: under

text: that

text: statute

text: the

text: State

text: must

text: prove

text: the

text: defendant

text: acted

text: willfully

text: We

text: agree

text: with

text: defendant

text: that

text: the

text: trial

text: court

text: erred

text: by

text: failing

text: to

text: instruct

text: the

text: jury

text: that

text: it

text: was

text: required

text: to

text: determine

text: whether

text: defendant

text: deleted

text: files

text: on

text: the

text: computer

text: willfully

text: Because

text: there

text: is

text: a

text: reasonable

text: possibility

text: that

text: the

text: jury

text: might

text: have

text: reached

text: a

text: different

text: verdict

text: if

text: properly

text: instructed

text: we

text: must

text: grant

text: defendant

text: a

text: new

text: trial

text: Facts

text: The

text: State

text: s

text: evidence

text: tended

text: to

text: show

text: the

text: following

text: facts

text: Defendant

text: was

text: hired

text: as

text: a

text: community

text: outreach

text: coordinator

text: by

text: the

text: Latin

text: American

text: Resource

text: Center

text: LARC

text: on

text: May

text: Her

text: supervisor

text: was

text: LARC

text: s

text: director

text: and

text: founder

text: Aura

text: Camacho

text: Maas

text: At

text: that

text: time

text: LARC

text: had

text: three

text: full

text: time

text: employees

text: including

text: Camacho

text: Maas

text: and

text: defendant

text: and

text: eight

text: part

text: time

text: employees

text: LARC

text: had

text: a

text: computer

text: network

text: with

text: five

text: computers

text: One

text: of

text: defendant

text: s

text: responsibilities

text: was

text: to

text: write

text: grant

text: proposals

text: for

text: the

text: organization

text: One

text: proposal

text: was

text: supposed

text: to

text: be

text: completed

text: by

text: August

text: On

text: August

text: however

text: the

text: proposal

text: was

text: not

text: complete

text: and

text: defendant

text: and

text: Camacho

text: Maas

text: had

text: to

text: work

text: until

text: midnight

text: to

text: get

text: the

text: proposal

text: done

text: During

text: the

text: week

text: prior

text: to

text: August

text: Camacho

text: Maas

text: assigned

text: defendant

text: a

text: second

text: grant

text: proposal

text: due

text: on

text: August

text: The

text: proposal

text: required

text: defendant

text: to

text: access

text: computer

text: files

text: related

text: to

text: LARC

text: s

text: teacher

text: apprenticeship

text: program

text: TAP

text: When

text: on

text: August

text: the

text: proposal

text: was

text: still

text: not

text: completed

text: Camacho

text: Maas

text: and

text: defendant

text: who

text: were

text: the

text: only

text: employees

text: in

text: the

text: office

text: had

text: to

text: work

text: on

text: the

text: grant

text: proposal

text: together

text: On

text: that

text: same

text: day

text: Camacho

text: Maas

text: told

text: defendant

text: that

text: she

text: was

text: being

text: terminated

text: because

text: she

text: was

text: unable

text: to

text: do

text: the

text: work

text: required

text: for

text: her

text: position

text: When

text: Camacho

text: Maas

text: asked

text: defendant

text: for

text: her

text: keys

text: to

text: the

text: office

text: defendant

text: refused

text: to

text: hand

text: them

text: over

text: until

text: she

text: received

text: her

text: paycheck

text: Camacho

text: Maas

text: explained

text: to

text: defendant

text: that

text: she

text: would

text: receive

text: her

text: paycheck

text: at

text: the

text: end

text: of

text: the

text: month

text: as

text: usual

text: and

text: defendant

text: left

text: the

text: building

text: Camacho

text: Maas

text: followed

text: defendant

text: and

text: told

text: the

text: receptionist

text: that

text: defendant

text: had

text: been

text: terminated

text: from

text: her

text: job

text: and

text: was

text: not

text: to

text: enter

text: the

text: building

text: without

text: Camacho

text: Maas

text: being

text: present

text: The

text: receptionist

text: requested

text: that

text: Camacho

text: Maas

text: send

text: an

text: e

text: mail

text: confirming

text: that

text: instruction

text: While

text: Camacho

text: Maas

text: was

text: in

text: her

text: office

text: typing

text: the

text: e

text: mail

text: she

text: heard

text: noises

text: in

text: the

text: lobby

text: When

text: she

text: went

text: to

text: see

text: what

text: was

text: happening

text: defendant

text: and

text: the

text: receptionist

text: were

text: coming

text: out

text: of

text: defendant

text: s

text: office

text: with

text: drums

text: defendant

text: had

text: brought

text: to

text: LARC

text: for

text: a

text: summer

text: art

text: program

text: After

text: they

text: left

text: Camacho

text: Maas

text: closed

text: the

text: door

text: to

text: defendant

text: s

text: office

text: and

text: went

text: back

text: into

text: her

text: own

text: office

text: Moments

text: later

text: Camacho

text: Maas

text: realized

text: the

text: receptionist

text: and

text: defendant

text: were

text: again

text: coming

text: out

text: of

text: defendant

text: s

text: office

text: Camacho

text: Maas

text: became

text: concerned

text: went

text: into

text: defendant

text: s

text: office

text: sat

text: down

text: at

text: defendant

text: s

text: computer

text: and

text: discovered

text: that

text: the

text: TAP

text: files

text: were

text: missing

text: from

text: LARC

text: s

text: server

text: Camacho

text: Maas

text: had

text: seen

text: the

text: TAP

text: files

text: on

text: the

text: server

text: earlier

text: that

text: day

text: before

text: she

text: had

text: terminated

text: defendant

text: s

text: employment

text: Only

text: LARC

text: employees

text: have

text: access

text: to

text: the

text: TAP

text: files

text: and

text: Camacho

text: Maas

text: had

text: not

text: authorized

text: anyone

text: to

text: move

text: or

text: remove

text: the

text: TAP

text: files

text: Camacho

text: Maas

text: called

text: the

text: police

text: and

text: Detective

text: B

text: R

text: Williams

text: of

text: the

text: Raleigh

text: Police

text: Department

text: was

text: assigned

text: to

text: investigate

text: the

text: case

text: On

text: August

text: defendant

text: returned

text: to

text: LARC

text: and

text: Camacho

text: Maas

text: called

text: Detective

text: Williams

text: He

text: went

text: to

text: LARC

text: met

text: defendant

text: and

text: told

text: her

text: why

text: he

text: was

text: there

text: Defendant

text: admitted

text: that

text: she

text: had

text: copied

text: files

text: onto

text: her

text: flash

text: drive

text: Detective

text: Williams

text: asked

text: defendant

text: to

text: accompany

text: him

text: to

text: the

text: police

text: station

text: so

text: that

text: he

text: could

text: copy

text: the

text: contents

text: of

text: the

text: flash

text: drive

text: A

text: member

text: of

text: the

text: Raleigh

text: Police

text: Department

text: s

text: cybercrimes

text: unit

text: found

text: approximately

text: LARC

text: files

text: on

text: defendant

text: s

text: flash

text: drive

text: of

text: which

text: were

text: TAP

text: files

text: that

text: were

text: either

text: deleted

text: or

text: deleted

text: and

text: overwritten

text: Defendant

text: was

text: charged

text: with

text: damaging

text: a

text: computer

text: system

text: or

text: computer

text: network

text: On

text: November

text: defendant

text: pled

text: guilty

text: in

text: district

text: court

text: to

text: damaging

text: a

text: computer

text: The

text: trial

text: court

text: sentenced

text: defendant

text: to

text: a

text: suspended

text: sentence

text: of

text: days

text: imprisonment

text: and

text: months

text: supervised

text: probation

text: Defendant

text: appealed

text: to

text: superior

text: court

text: on

text: November

text: During

text: the

text: trial

text: in

text: superior

text: court

text: defendant

text: presented

text: evidence

text: that

text: she

text: had

text: researched

text: and

text: developed

text: a

text: curriculum

text: that

text: cost

text: to

text: a

text: curriculum

text: that

text: she

text: knew

text: Camacho

text: Maas

text: would

text: want

text: Upon

text: her

text: termination

text: defendant

text: told

text: Camacho

text: Maas

text: that

text: she

text: was

text: going

text: to

text: delete

text: her

text: work

text: off

text: the

text: computer

text: Camacho

text: Maas

text: responded

text: that

text: defendant

text: s

text: work

text: was

text: not

text: good

text: and

text: therefore

text: she

text: did

text: not

text: care

text: if

text: defendant

text: deleted

text: the

text: files

text: Defendant

text: testified

text: that

text: she

text: never

text: deleted

text: the

text: TAP

text: files

text: but

text: rather

text: only

text: deleted

text: the

text: research

text: she

text: had

text: done

text: for

text: the

text: curriculum

text: and

text: the

text: part

text: of

text: the

text: grant

text: proposal

text: that

text: she

text: had

text: written

text: Defendant

text: also

text: testified

text: that

text: Camacho

text: Maas

text: knew

text: that

text: defendant

text: was

text: deleting

text: files

text: and

text: never

text: said

text: anything

text: about

text: what

text: defendant

text: was

text: doing

text: The

text: jury

text: found

text: defendant

text: guilty

text: of

text: damaging

text: a

text: computer

text: system

text: or

text: computer

text: network

text: on

text: December

text: The

text: court

text: sentenced

text: defendant

text: to

text: a

text: suspended

text: sentence

text: of

text: days

text: and

text: months

text: supervised

text: probation

text: Defendant

text: was

text: also

text: ordered

text: to

text: pay

text: a

text: fine

text: in

text: the

text: amount

text: of

text: and

text: to

text: complete

text: hours

text: of

text: community

text: service

text: Defendant

text: timely

text: appealed

text: to

text: this

text: Court

text: I

text: Defendant

text: first

text: contends

text: that

text: the

text: trial

text: court

text: erred

text: in

text: denying

text: her

text: motion

text: to

text: dismiss

text: When

text: considering

text: a

text: motion

text: to

text: dismiss

text: the

text: trial

text: court

text: must

text: determine

text: whether

text: the

text: State

text: presented

text: substantial

text: evidence

text: of

text: each

text: element

text: of

text: the

text: crime

text: and

text: of

text: the

text: defendant

text: s

text: being

text: the

text: perpetrator

text: State

text: v

text: Robinson

text: N

text: C

text: S

text: E

text: d

text: cert

text: denied

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: Substantial

text: evidence

text: is

text: such

text: relevant

text: evidence

text: as

text: a

text: reasonable

text: mind

text: might

text: accept

text: as

text: adequate

text: to

text: support

text: a

text: conclusion

text: State

text: v

text: Matias

text: N

text: C

text: S

text: E

text: d

text: quoting

text: State

text: v

text: Brown

text: N

text: C

text: S

text: E

text: d

text: The

text: evidence

text: must

text: be

text: viewed

text: in

text: the

text: light

text: most

text: favorable

text: to

text: the

text: State

text: giving

text: the

text: State

text: the

text: benefit

text: of

text: every

text: reasonable

text: inference

text: and

text: resolving

text: any

text: contradictions

text: in

text: its

text: favor

text: State

text: v

text: Rose

text: N

text: C

text: S

text: E

text: d

text: cert

text: denied

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: N

text: C

text: Gen

text: Stat

text: a

text: the

text: offense

text: charged

text: in

text: defendant

text: s

text: indictment

text: states

text: It

text: is

text: unlawful

text: to

text: willfully

text: and

text: without

text: authorization

text: alter

text: damage

text: or

text: destroy

text: a

text: computer

text: computer

text: program

text: computer

text: system

text: computer

text: network

text: or

text: any

text: part

text: thereof

text: Thus

text: a

text: violation

text: of

text: this

text: statute

text: requires

text: proof

text: that

text: the

text: defendant

text: altered

text: damaged

text: or

text: destroyed

text: a

text: computer

text: computer

text: program

text: computer

text: system

text: computer

text: network

text: or

text: any

text: part

text: thereof

text: that

text: the

text: defendant

text: did

text: so

text: willfully

text: and

text: without

text: authorization

text: In

text: this

text: case

text: defendant

text: argues

text: only

text: that

text: the

text: State

text: presented

text: insufficient

text: evidence

text: that

text: she

text: acted

text: willfully

text: She

text: asserts

text: that

text: any

text: files

text: deleted

text: were

text: her

text: own

text: personal

text: property

text: were

text: deleted

text: with

text: the

text: permission

text: of

text: the

text: director

text: of

text: LARC

text: or

text: were

text: accidentally

text: deleted

text: Defendant

text: s

text: argument

text: is

text: however

text: based

text: solely

text: on

text: her

text: own

text: testimony

text: Defendant

text: overlooks

text: the

text: fact

text: that

text: on

text: appeal

text: from

text: the

text: denial

text: of

text: a

text: motion

text: to

text: dismiss

text: we

text: look

text: only

text: at

text: the

text: State

text: s

text: evidence

text: State

text: v

text: Barnett

text: N

text: C

text: App

text: S

text: E

text: d

text: appeal

text: dismissed

text: and

text: disc

text: review

text: denied

text: in

text: part

text: N

text: C

text: S

text: E

text: d

text: aff

text: d

text: per

text: curiam

text: in

text: part

text: N

text: C

text: S

text: E

text: d

text: A

text: defendant

text: s

text: evidence

text: may

text: be

text: considered

text: only

text: if

text: it

text: explains

text: clarifies

text: or

text: is

text: not

text: inconsistent

text: with

text: the

text: State

text: s

text: evidence

text: Id

text: quoting

text: State

text: v

text: Walker

text: N

text: C

text: S

text: E

text: d

text: cert

text: denied

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: Because

text: willfulness

text: involves

text: a

text: state

text: of

text: mind

text: ordinarily

text: it

text: must

text: be

text: proved

text: if

text: proven

text: at

text: all

text: by

text: circumstantial

text: evidence

text: that

text: is

text: by

text: proving

text: facts

text: from

text: which

text: the

text: fact

text: sought

text: to

text: be

text: proven

text: may

text: be

text: reasonably

text: inferred

text: State

text: v

text: Alexander

text: N

text: C

text: S

text: E

text: d

text: quoting

text: State

text: v

text: Ferguson

text: N

text: C

text: S

text: E

text: d

text: In

text: this

text: case

text: the

text: State

text: presented

text: evidence

text: that

text: when

text: defendant

text: s

text: employment

text: was

text: terminated

text: she

text: became

text: enraged

text: and

text: her

text: words

text: and

text: her

text: body

text: language

text: were

text: very

text: violent

text: Defendant

text: also

text: would

text: not

text: give

text: Camacho

text: Maas

text: her

text: keys

text: without

text: immediately

text: getting

text: her

text: paycheck

text: After

text: Camacho

text: Maas

text: explained

text: that

text: she

text: would

text: have

text: to

text: wait

text: until

text: the

text: end

text: of

text: the

text: month

text: for

text: her

text: paycheck

text: defendant

text: refused

text: to

text: hand

text: over

text: her

text: keys

text: and

text: left

text: The

text: critical

text: files

text: were

text: found

text: missing

text: from

text: the

text: LARC

text: server

text: a

text: short

text: while

text: later

text: after

text: defendant

text: had

text: returned

text: to

text: her

text: office

text: The

text: police

text: discovered

text: the

text: missing

text: files

text: on

text: defendant

text: s

text: flash

text: drive

text: with

text: of

text: them

text: deleted

text: or

text: deleted

text: and

text: overwritten

text: When

text: questioned

text: by

text: the

text: police

text: defendant

text: stated

text: that

text: she

text: would

text: give

text: Miss

text: Camacho

text: Maas

text: files

text: back

text: when

text: she

text: got

text: her

text: paycheck

text: At

text: trial

text: defendant

text: admitted

text: deleting

text: LARC

text: computer

text: files

text: including

text: curriculum

text: files

text: and

text: grant

text: writing

text: files

text: although

text: she

text: claimed

text: that

text: Camacho

text: Maas

text: had

text: given

text: her

text: permission

text: to

text: delete

text: her

text: personal

text: files

text: which

text: she

text: interpreted

text: to

text: include

text: work

text: related

text: files

text: This

text: evidence

text: was

text: sufficient

text: to

text: allow

text: a

text: jury

text: to

text: find

text: that

text: defendant

text: deleted

text: computer

text: files

text: willfully

text: The

text: trial

text: court

text: therefore

text: properly

text: denied

text: the

text: motion

text: to

text: dismiss

text: II

text: Defendant

text: next

text: contends

text: the

text: trial

text: court

text: erred

text: in

text: instructing

text: the

text: jury

text: as

text: to

text: the

text: elements

text: of

text: the

text: offense

text: under

text: N

text: C

text: Gen

text: Stat

text: a

text: Defense

text: counsel

text: requested

text: in

text: writing

text: the

text: following

text: instruction

text: For

text: you

text: to

text: find

text: the

text: defendant

text: guilty

text: you

text: must

text: find

text: that

text: she

text: Willfully

text: that

text: is

text: intentionally

text: and

text: without

text: an

text: honest

text: belief

text: that

text: there

text: is

text: an

text: excuse

text: or

text: justification

text: for

text: it

text: Without

text: the

text: knowledge

text: or

text: consent

text: of

text: the

text: owner

text: Latin

text: American

text: Resource

text: Center

text: Damaged

text: Altered

text: or

text: Destroyed

text: a

text: computer

text: computer

text: network

text: computer

text: program

text: computer

text: system

text: or

text: part

text: thereof

text: of

text: the

text: Latin

text: American

text: Resource

text: Center

text: The

text: court

text: denied

text: defense

text: counsel

text: s

text: requested

text: instruction

text: and

text: the

text: court

text: submitted

text: the

text: following

text: instruction

text: to

text: the

text: jury

text: The

text: defendant

text: Geraldine

text: Lewis

text: Ramos

text: has

text: been

text: charged

text: with

text: the

text: misdemeanor

text: of

text: damaging

text: a

text: compute

text: sic

text: system

text: or

text: computer

text: network

text: or

text: any

text: part

text: thereof

text: For

text: you

text: to

text: find

text: the

text: defendant

text: guilty

text: of

text: this

text: offense

text: the

text: State

text: must

text: prove

text: two

text: things

text: First

text: that

text: the

text: defendant

text: damaged

text: a

text: computer

text: system

text: or

text: computer

text: network

text: or

text: any

text: part

text: thereof

text: by

text: deleting

text: a

text: file

text: or

text: files

text: from

text: the

text: computer

text: system

text: or

text: computer

text: network

text: Second

text: that

text: the

text: defendant

text: did

text: so

text: without

text: authorization

text: A

text: person

text: is

text: without

text: authorization

text: when

text: although

text: the

text: person

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text: the

text: consent

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text: permission

text: of

text: owner

text: sic

text: to

text: access

text: a

text: computer

text: system

text: or

text: computer

text: network

text: the

text: person

text: does

text: so

text: in

text: a

text: manner

text: which

text: exceeds

text: the

text: consent

text: or

text: permission

text: If

text: you

text: find

text: from

text: the

text: evidence

text: beyond

text: a

text: reasonable

text: doubt

text: that

text: on

text: or

text: about

text: August

text: the

text: th

text: the

text: defendant

text: without

text: authorization

text: damaged

text: a

text: computer

text: system

text: or

text: computer

text: network

text: it

text: would

text: appeal

text: sic

text: your

text: duty

text: to

text: return

text: a

text: verdict

text: of

text: guilty

text: Defendant

text: contends

text: that

text: the

text: trial

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text: s

text: instruction

text: was

text: insufficient

text: because

text: it

text: did

text: not

text: instruct

text: the

text: jury

text: that

text: it

text: was

text: required

text: to

text: find

text: that

text: defendant

text: acted

text: willfully

text: The

text: State

text: contends

text: that

text: we

text: should

text: review

text: the

text: trial

text: court

text: s

text: instructions

text: to

text: the

text: jury

text: under

text: an

text: abuse

text: of

text: discretion

text: standard

text: The

text: State

text: has

text: however

text: mistakenly

text: lumped

text: all

text: jury

text: instruction

text: issues

text: under

text: one

text: standard

text: of

text: review

text: Our

text: appellate

text: courts

text: have

text: repeatedly

text: held

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text: a

text: trial

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text: required

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text: N

text: C

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text: S

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text: to

text: instruct

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text: jury

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text: the

text: law

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text: the

text: evidence

text: This

text: includes

text: instruction

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text: the

text: elements

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text: the

text: crime

text: State

text: v

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text: N

text: C

text: S

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text: emphasis

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text: See

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text: State

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text: Gooch

text: N

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text: The

text: trial

text: court

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text: the

text: essential

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text: the

text: offense

text: State

text: v

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text: N

text: C

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text: The

text: trial

text: court

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text: instruct

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text: court

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text: discretion

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text: he

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text: the

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text: State

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text: N

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text: State

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text: a

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text: jury

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text: judge

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text: application

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text: he

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text: the

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text: willfulness

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text: its

text: instructions

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text: State

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text: willfulness

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text: an

text: element

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text: N

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text: the

text: trial

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text: instruction

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text: instruct

text: the

text: jury

text: that

text: defendant

text: must

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text: acted

text: willfully

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text: State

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text: that

text: no

text: error

text: occurred

text: because

text: the

text: trial

text: court

text: instructed

text: the

text: jury

text: that

text: defendant

text: must

text: have

text: acted

text: without

text: authorization

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text: to

text: the

text: State

text: without

text: authorization

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text: willfully

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text: synonymous

text: concepts

text: We

text: cannot

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text: Our

text: General

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text: purposes

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text: computer

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text: crimes

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text: N

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text: the

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text: permission

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text: the

text: owner

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text: of

text: the

text: person

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text: authorized

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text: the

text: owner

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text: grant

text: consent

text: or

text: permission

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text: access

text: a

text: computer

text: computer

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text: consent

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text: permission

text: N

text: C

text: Gen

text: Stat

text: a

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text: without

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text: she

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text: the

text: consent

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text: permission

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text: the

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text: consent

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text: the

text: other

text: hand

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text: ilful

text: as

text: used

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text: criminal

text: statutes

text: means

text: the

text: wrongful

text: doing

text: of

text: an

text: act

text: without

text: justification

text: or

text: excuse

text: or

text: the

text: commission

text: of

text: an

text: act

text: purposely

text: and

text: deliberately

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text: violation

text: of

text: law

text: State

text: v

text: Arnold

text: N

text: C

text: S

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text: d

text: One

text: may

text: act

text: without

text: authorization

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text: still

text: not

text: act

text: willfully

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text: example

text: a

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text: who

text: accidentally

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text: files

text: is

text: not

text: acting

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text: has

text: deleted

text: the

text: files

text: without

text: authorization

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text: the

text: trial

text: court

text: s

text: instruction

text: that

text: the

text: jury

text: was

text: required

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text: find

text: that

text: defendant

text: acted

text: without

text: authorization

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text: not

text: satisfy

text: the

text: requirement

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text: the

text: jury

text: be

text: instructed

text: as

text: to

text: willfulness

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text: contrary

text: interpretation

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text: the

text: statute

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text: be

text: inconsistent

text: with

text: established

text: principles

text: of

text: statutory

text: construction

text: W

text: e

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text: by

text: the

text: principle

text: of

text: statutory

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text: a

text: statute

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text: not

text: be

text: interpreted

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text: a

text: manner

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text: would

text: render

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text: of

text: its

text: words

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text: construe

text: each

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text: a

text: statute

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text: have

text: meaning

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text: reasonable

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text: consistent

text: with

text: the

text: entire

text: statute

text: because

text: it

text: is

text: always

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text: that

text: the

text: legislature

text: acted

text: with

text: care

text: and

text: deliberation

text: State

text: v

text: Haddock

text: N

text: C

text: App

text: S

text: E

text: d

text: quoting

text: State

text: v

text: Coffey

text: N

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text: The

text: State

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text: contention

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text: require

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text: redundant

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text: surplusage

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text: more

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text: construction

text: of

text: the

text: statute

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text: given

text: the

text: plain

text: meaning

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text: the

text: words

text: is

text: that

text: the

text: General

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text: intended

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text: require

text: proof

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text: willfulness

text: and

text: lack

text: of

text: authorization

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text: Porsh

text: Builders

text: Inc

text: v

text: City

text: of

text: Winston

text: Salem

text: N

text: C

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text: E

text: d

text: It

text: is

text: presumed

text: that

text: the

text: legislature

text: intended

text: each

text: portion

text: to

text: be

text: given

text: full

text: effect

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text: When

text: a

text: trial

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text: jury

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text: the

text: State

text: was

text: required

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text: prove

text: willfulness

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text: an

text: element

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text: a

text: crime

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text: court

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text: State

text: v

text: Maxwell

text: N

text: C

text: App

text: S

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text: holding

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text: trial

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text: have

text: charged

text: on

text: willfulness

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text: element

text: appeal

text: dismissed

text: and

text: disc

text: review

text: denied

text: N

text: C

text: S

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text: d

text: Ordinarily

text: failure

text: to

text: instruct

text: on

text: each

text: element

text: of

text: a

text: crime

text: is

text: prejudicial

text: error

text: requiring

text: a

text: new

text: trial

text: State

text: v

text: Whiteley

text: N

text: C

text: App

text: S

text: E

text: d

text: Nevertheless

text: a

text: failure

text: to

text: instruct

text: on

text: willfulness

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text: to

text: harmless

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text: State

text: v

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text: N

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text: finding

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text: prejudice

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text: court

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text: instruct

text: jury

text: that

text: defendant

text: s

text: escape

text: from

text: prison

text: must

text: have

text: been

text: willful

text: because

text: nothing

text: in

text: the

text: record

text: in

text: any

text: way

text: indicates

text: that

text: defendant

text: s

text: escape

text: was

text: anything

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text: willful

text: Maxwell

text: N

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text: S

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text: at

text: finding

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text: prejudice

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text: shows

text: that

text: if

text: defendant

text: took

text: indecent

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text: with

text: the

text: child

text: he

text: did

text: so

text: willfully

text: In

text: arguing

text: that

text: defendant

text: was

text: not

text: prejudiced

text: by

text: any

text: error

text: the

text: State

text: argues

text: that

text: defendant

text: admitted

text: she

text: deleted

text: LARC

text: s

text: computer

text: files

text: It

text: is

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text: well

text: established

text: that

text: a

text: showing

text: that

text: an

text: act

text: was

text: intentional

text: is

text: not

text: the

text: same

text: as

text: a

text: showing

text: that

text: the

text: act

text: was

text: willful

text: As

text: this

text: Court

text: explained

text: in

text: State

text: v

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text: N

text: C

text: App

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text: quoting

text: State

text: v

text: Stephenson

text: N

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text: he

text: word

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text: intention

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text: commit

text: the

text: offense

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text: implies

text: committing

text: the

text: offense

text: purposely

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text: designedly

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text: State

text: v

text: Clifton

text: N

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text: used

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text: the

text: meaning

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text: the

text: statute

text: implies

text: something

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text: a

text: mere

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text: used

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text: criminal

text: statutes

text: the

text: word

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text: means

text: not

text: only

text: designedly

text: but

text: also

text: with

text: a

text: bad

text: purpose

text: Glenn

text: Robinson

text: v

text: Acker

text: N

text: C

text: App

text: S

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text: holding

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text: when

text: statute

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text: willfulness

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text: willfully

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text: more

text: than

text: intention

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text: commit

text: offense

text: appeal

text: dismissed

text: and

text: disc

text: review

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text: N

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text: S

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text: Here

text: defendant

text: presented

text: evidence

text: that

text: she

text: believed

text: Camacho

text: Maas

text: had

text: authorized

text: her

text: to

text: delete

text: files

text: amounting

text: to

text: her

text: own

text: work

text: Defendant

text: testified

text: that

text: at

text: the

text: time

text: of

text: her

text: termination

text: defendant

text: told

text: Camacho

text: Maas

text: since

text: my

text: work

text: is

text: no

text: good

text: I

text: guess

text: you

text: won

text: t

text: mind

text: if

text: I

text: take

text: my

text: work

text: off

text: computer

text: sic

text: According

text: to

text: defendant

text: Camacho

text: Maas

text: responded

text: this

text: was

text: no

text: consequence

text: to

text: her

text: that

text: the

text: work

text: was

text: not

text: good

text: and

text: it

text: was

text: no

text: consequence

text: Defendant

text: testified

text: that

text: Camacho

text: Maas

text: followed

text: defendant

text: into

text: her

text: office

text: while

text: defendant

text: was

text: deleting

text: the

text: files

text: Defendant

text: testified

text: Camacho

text: Maas

text: didn

text: t

text: say

text: anything

text: but

text: she

text: knew

text: what

text: I

text: was

text: doing

text: at

text: that

text: time

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text: sic

text: I

text: walked

text: back

text: down

text: to

text: the

text: room

text: Defendant

text: claimed

text: that

text: the

text: only

text: files

text: that

text: she

text: deleted

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text: t

text: he

text: curriculum

text: research

text: that

text: I

text: had

text: done

text: for

text: the

text: curriculum

text: I

text: deleted

text: part

text: of

text: the

text: grant

text: which

text: was

text: the

text: grant

text: that

text: I

text: had

text: written

text: I

text: think

text: that

text: was

text: about

text: three

text: three

text: files

text: but

text: it

text: was

text: not

text: the

text: TAP

text: file

text: TAP

text: file

text: was

text: in

text: the

text: server

text: It

text: was

text: a

text: server

text: and

text: in

text: order

text: for

text: to

text: go

text: into

text: the

text: server

text: She

text: had

text: already

text: worked

text: in

text: the

text: server

text: so

text: I

text: could

text: not

text: sic

text: to

text: go

text: into

text: the

text: TAP

text: file

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text: would

text: have

text: sic

text: go

text: into

text: the

text: server

text: Server

text: couldn

text: t

text: be

text: but

text: one

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text: the

text: time

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text: I

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text: t

text: know

text: Based

text: on

text: this

text: testimony

text: the

text: jury

text: could

text: reasonably

text: find

text: that

text: defendant

text: intended

text: only

text: to

text: delete

text: files

text: that

text: she

text: believed

text: according

text: to

text: the

text: State

text: incorrectly

text: Camacho

text: Maas

text: had

text: consented

text: to

text: her

text: deleting

text: As

text: our

text: Supreme

text: Court

text: has

text: held

text: n

text: either

text: does

text: one

text: willfully

text: and

text: knowingly

text: violate

text: a

text: statute

text: when

text: he

text: does

text: that

text: which

text: he

text: believes

text: he

text: has

text: a

text: bona

text: fide

text: right

text: to

text: do

text: State

text: v

text: Fraylon

text: N

text: C

text: S

text: E

text: d

text: A

text: jury

text: could

text: further

text: find

text: based

text: on

text: defendant

text: s

text: testimony

text: that

text: she

text: did

text: not

text: intend

text: to

text: delete

text: the

text: TAP

text: files

text: and

text: did

text: not

text: believe

text: she

text: could

text: enter

text: the

text: TAP

text: files

text: while

text: Camacho

text: Maas

text: was

text: working

text: on

text: them

text: that

text: any

text: deletion

text: of

text: the

text: files

text: was

text: accidental

text: Thus

text: the

text: record

text: contains

text: evidence

text: that

text: would

text: allow

text: a

text: jury

text: to

text: find

text: that

text: she

text: deleted

text: files

text: without

text: authorization

text: but

text: not

text: willfully

text: The

text: trial

text: court

text: s

text: failure

text: to

text: include

text: willfulness

text: in

text: its

text: instructions

text: cannot

text: therefore

text: be

text: deemed

text: harmless

text: error

text: Accordingly

text: defendant

text: is

text: entitled

text: to

text: a

text: new

text: trial

text: Because

text: of

text: our

text: disposition

text: of

text: this

text: appeal

text: we

text: need

text: not

text: address

text: defendant

text: s

text: remaining

text: contentions

text: New

text: trial

text: Judge

text: STROUD

text: concurs

text: Judge

text: TYSON

text: concurs

text: in

text: part

text: and

text: dissents

text: in

text: part

text: in

text: a

text: separate

text: opinion

text: TYSON

text: Judge

text: concurring

text: in

text: part

text: and

text: dissenting

text: in

text: part

text: I

text: fully

text: concur

text: with

text: that

text: portion

text: of

text: the

text: majority

text: s

text: opinion

text: affirming

text: the

text: trial

text: court

text: s

text: denial

text: of

text: Geraldine

text: Lewis

text: Ramos

text: s

text: defendant

text: motion

text: to

text: dismiss

text: based

text: upon

text: the

text: sufficiency

text: of

text: the

text: evidence

text: Although

text: the

text: trial

text: court

text: failed

text: to

text: instruct

text: the

text: jury

text: that

text: the

text: State

text: was

text: required

text: to

text: prove

text: the

text: element

text: of

text: willfulness

text: defendant

text: failed

text: to

text: show

text: any

text: prejudice

text: by

text: this

text: omission

text: and

text: is

text: not

text: entitled

text: to

text: a

text: new

text: trial

text: I

text: disagree

text: with

text: that

text: portion

text: of

text: the

text: majority

text: s

text: opinion

text: granting

text: defendant

text: a

text: new

text: trial

text: based

text: upon

text: the

text: instructions

text: submitted

text: to

text: the

text: jury

text: I

text: respectfully

text: dissent

text: I

text: Standard

text: of

text: Review

text: This

text: Court

text: reviews

text: jury

text: instructions

text: contextually

text: and

text: in

text: its

text: entirety

text: The

text: charge

text: will

text: be

text: held

text: to

text: be

text: sufficient

text: if

text: it

text: presents

text: the

text: law

text: of

text: the

text: case

text: in

text: such

text: manner

text: as

text: to

text: leave

text: no

text: reasonable

text: cause

text: to

text: believe

text: the

text: jury

text: was

text: misled

text: or

text: misinformed

text: The

text: party

text: asserting

text: error

text: bears

text: the

text: burden

text: of

text: showing

text: that

text: the

text: jury

text: was

text: misled

text: or

text: that

text: the

text: verdict

text: was

text: affected

text: by

text: the

text: instruction

text: Under

text: such

text: a

text: standard

text: of

text: review

text: it

text: is

text: not

text: enough

text: for

text: the

text: appealing

text: party

text: to

text: show

text: that

text: error

text: occurred

text: in

text: the

text: jury

text: instructions

text: rather

text: it

text: must

text: be

text: demonstrated

text: that

text: such

text: error

text: was

text: likely

text: in

text: light

text: of

text: the

text: entire

text: charge

text: to

text: mislead

text: the

text: jury

text: State

text: v

text: Blizzard

text: N

text: C

text: App

text: S

text: E

text: d

text: quoting

text: Bass

text: v

text: Johnson

text: N

text: C

text: App

text: S

text: E

text: d

text: emphasis

text: supplied

text: II

text: Analysis

text: The

text: majority

text: s

text: opinion

text: holds

text: the

text: trial

text: court

text: committed

text: reversible

text: error

text: and

text: awards

text: defendant

text: a

text: new

text: trial

text: because

text: the

text: trial

text: court

text: failed

text: to

text: instruct

text: the

text: jury

text: that

text: the

text: State

text: was

text: required

text: to

text: prove

text: that

text: defendant

text: willfully

text: deleted

text: the

text: files

text: off

text: of

text: LRAC

text: s

text: computer

text: network

text: I

text: disagree

text: It

text: is

text: well

text: established

text: that

text: a

text: trial

text: judge

text: is

text: required

text: to

text: instruct

text: the

text: jury

text: on

text: every

text: essential

text: element

text: of

text: the

text: crime

text: charged

text: State

text: v

text: Mundy

text: N

text: C

text: S

text: E

text: d

text: State

text: v

text: Hunt

text: N

text: C

text: S

text: E

text: d

text: Here

text: defendant

text: was

text: charged

text: and

text: convicted

text: of

text: a

text: violation

text: of

text: N

text: C

text: Gen

text: Stat

text: which

text: provides

text: It

text: is

text: unlawful

text: to

text: willfully

text: and

text: without

text: authorization

text: alter

text: damage

text: or

text: destroy

text: a

text: computer

text: computer

text: program

text: computer

text: system

text: computer

text: network

text: or

text: any

text: part

text: thereof

text: A

text: violation

text: of

text: this

text: subsection

text: is

text: a

text: Class

text: G

text: felony

text: if

text: the

text: damage

text: caused

text: by

text: the

text: alteration

text: damage

text: or

text: destruction

text: is

text: more

text: than

text: one

text: thousand

text: dollars

text: Any

text: other

text: violation

text: of

text: this

text: subsection

text: is

text: a

text: Class

text: misdemeanor

text: N

text: C

text: Gen

text: Stat

text: a

text: emphasis

text: supplied

text: The

text: trial

text: court

text: correctly

text: instructed

text: the

text: jury

text: on

text: the

text: element

text: of

text: without

text: authorization

text: but

text: failed

text: to

text: instruct

text: the

text: jury

text: on

text: willfulness

text: Based

text: upon

text: principles

text: of

text: statutory

text: interpretation

text: and

text: contrary

text: to

text: the

text: State

text: s

text: contention

text: the

text: terms

text: willfully

text: and

text: without

text: authorization

text: are

text: not

text: interchangeable

text: See

text: Lithium

text: Corp

text: of

text: Am

text: v

text: Town

text: of

text: Bessemer

text: City

text: N

text: C

text: S

text: E

text: d

text: Ordinarily

text: when

text: the

text: conjunctive

text: and

text: connects

text: words

text: phrases

text: or

text: clauses

text: of

text: a

text: statutory

text: sentence

text: they

text: are

text: to

text: be

text: considered

text: jointly

text: Citation

text: omitted

text: The

text: majority

text: s

text: opinion

text: correctly

text: points

text: out

text: that

text: the

text: failure

text: to

text: instruct

text: the

text: jury

text: on

text: the

text: element

text: of

text: willfulness

text: has

text: been

text: repeatedly

text: held

text: to

text: be

text: harmless

text: error

text: See

text: State

text: v

text: Rose

text: N

text: C

text: App

text: S

text: E

text: d

text: State

text: v

text: Maxwell

text: N

text: C

text: App

text: S

text: E

text: d

text: disc

text: rev

text: denied

text: N

text: C

text: S

text: E

text: d

text: Here

text: our

text: task

text: is

text: to

text: determine

text: whether

text: the

text: trial

text: court

text: s

text: error

text: prejudiced

text: defendant

text: to

text: entitle

text: her

text: to

text: a

text: new

text: trial

text: See

text: N

text: C

text: Gen

text: Stat

text: A

text: a

text: A

text: defendant

text: is

text: prejudiced

text: by

text: errors

text: relating

text: to

text: rights

text: arising

text: other

text: than

text: under

text: the

text: Constitution

text: of

text: the

text: United

text: States

text: when

text: there

text: is

text: a

text: reasonable

text: possibility

text: that

text: had

text: the

text: error

text: in

text: question

text: not

text: been

text: committed

text: a

text: different

text: result

text: would

text: have

text: been

text: reached

text: at

text: the

text: trial

text: out

text: of

text: which

text: the

text: appeal

text: arises

text: The

text: burden

text: of

text: showing

text: such

text: prejudice

text: under

text: this

text: subsection

text: is

text: upon

text: the

text: defendant

text: Emphasis

text: supplied

text: Although

text: defendant

text: presented

text: evidence

text: tending

text: to

text: show

text: that

text: her

text: supervisor

text: Aura

text: Camacho

text: Mass

text: Camacho

text: Mass

text: had

text: authorized

text: defendant

text: to

text: delete

text: her

text: personal

text: files

text: from

text: LRAC

text: s

text: computer

text: other

text: overwhelming

text: evidence

text: shows

text: that

text: defendant

text: s

text: actions

text: were

text: unequivocally

text: willful

text: At

text: trial

text: Camacho

text: Mass

text: recounted

text: the

text: events

text: which

text: took

text: place

text: after

text: she

text: had

text: informed

text: defendant

text: of

text: her

text: termination

text: Camacho

text: Mass

text: testified

text: defendant

text: became

text: enraged

text: Her

text: words

text: and

text: her

text: body

text: language

text: were

text: were

text: sic

text: very

text: violent

text: And

text: she

text: was

text: crying

text: in

text: my

text: office

text: after

text: she

text: told

text: me

text: many

text: things

text: Camacho

text: Mass

text: further

text: testified

text: that

text: defendant

text: stated

text: she

text: was

text: a

text: fake

text: and

text: that

text: she

text: ll

text: destroy

text: me

text: in

text: the

text: agency

text: Defendant

text: refused

text: to

text: return

text: her

text: office

text: keys

text: and

text: immediately

text: demanded

text: her

text: paycheck

text: Camacho

text: Mass

text: informed

text: defendant

text: that

text: she

text: would

text: receive

text: her

text: paycheck

text: at

text: the

text: end

text: of

text: the

text: month

text: After

text: defendant

text: left

text: the

text: building

text: Camacho

text: Mass

text: informed

text: the

text: receptionist

text: that

text: defendant

text: was

text: not

text: to

text: be

text: allowed

text: to

text: re

text: enter

text: the

text: building

text: without

text: her

text: presence

text: Shortly

text: thereafter

text: Camacho

text: Mass

text: heard

text: noises

text: outside

text: her

text: office

text: and

text: observed

text: defendant

text: and

text: the

text: receptionist

text: exit

text: defendant

text: s

text: office

text: carrying

text: drums

text: that

text: were

text: used

text: in

text: the

text: agency

text: s

text: summer

text: program

text: Camacho

text: Mass

text: testified

text: she

text: refrained

text: from

text: commenting

text: on

text: defendant

text: s

text: presence

text: because

text: she

text: believed

text: the

text: drums

text: belonged

text: to

text: defendant

text: Camacho

text: Mass

text: subsequently

text: observed

text: defendant

text: and

text: the

text: receptionist

text: exit

text: defendant

text: s

text: office

text: a

text: second

text: time

text: and

text: became

text: really

text: concerned

text: Camacho

text: Mass

text: sat

text: down

text: at

text: defendant

text: s

text: computer

text: opened

text: up

text: the

text: file

text: server

text: and

text: discovered

text: that

text: all

text: the

text: Teacher

text: Apprenticeship

text: Program

text: TAP

text: files

text: had

text: been

text: deleted

text: from

text: the

text: agency

text: s

text: computer

text: network

text: Camacho

text: Mass

text: reported

text: defendant

text: s

text: actions

text: to

text: the

text: police

text: Camacho

text: Mass

text: testified

text: that

text: neither

text: defendant

text: nor

text: other

text: personnel

text: had

text: permission

text: to

text: duplicate

text: or

text: remove

text: the

text: TAP

text: files

text: from

text: LRAC

text: s

text: network

text: Raleigh

text: Police

text: Detective

text: James

text: Neville

text: Detective

text: Neville

text: of

text: the

text: cyber

text: crimes

text: unit

text: confirmed

text: that

text: files

text: were

text: stored

text: on

text: LRAC

text: s

text: flash

text: drive

text: and

text: approximately

text: percent

text: of

text: these

text: files

text: were

text: either

text: deleted

text: or

text: overwritten

text: The

text: following

text: day

text: defendant

text: returned

text: to

text: her

text: former

text: workplace

text: and

text: met

text: with

text: Detective

text: B

text: R

text: Williams

text: to

text: discuss

text: the

text: missing

text: files

text: Defendant

text: admitted

text: she

text: had

text: copied

text: the

text: files

text: onto

text: her

text: personal

text: thumb

text: drive

text: because

text: they

text: were

text: her

text: work

text: However

text: defendant

text: also

text: stated

text: she

text: would

text: give

text: Miss

text: Camacho

text: Mass

text: files

text: back

text: when

text: she

text: got

text: her

text: paycheck

text: The

text: jury

text: also

text: heard

text: additional

text: evidence

text: regarding

text: defendant

text: s

text: actions

text: after

text: this

text: incident

text: occurred

text: Defendant

text: sent

text: a

text: very

text: incriminating

text: letter

text: to

text: all

text: of

text: the

text: board

text: members

text: implying

text: that

text: Camacho

text: Mass

text: had

text: engaged

text: in

text: racial

text: behavior

text: and

text: was

text: misappropriating

text: agency

text: funds

text: Defendant

text: s

text: demeanor

text: her

text: threat

text: that

text: she

text: would

text: destroy

text: Camacho

text: Mass

text: her

text: refusal

text: to

text: surrender

text: her

text: keys

text: after

text: termination

text: and

text: her

text: repeated

text: returns

text: to

text: her

text: former

text: office

text: after

text: termination

text: the

text: circumstances

text: surrounding

text: the

text: deletion

text: of

text: the

text: files

text: and

text: defendant

text: s

text: statement

text: that

text: she

text: had

text: copied

text: the

text: files

text: and

text: would

text: give

text: the

text: files

text: back

text: when

text: she

text: got

text: her

text: paycheck

text: unequivocally

text: show

text: defendant

text: s

text: actions

text: in

text: duplicating

text: and

text: removing

text: the

text: files

text: was

text: willful

text: Based

text: upon

text: the

text: preceding

text: evidence

text: no

text: reasonable

text: probability

text: exists

text: that

text: a

text: different

text: result

text: would

text: have

text: been

text: reached

text: at

text: trial

text: if

text: the

text: trial

text: court

text: had

text: instructed

text: the

text: jury

text: on

text: the

text: element

text: of

text: willfulness

text: N

text: C

text: Gen

text: Stat

text: A

text: Defendant

text: has

text: failed

text: to

text: show

text: she

text: was

text: prejudiced

text: by

text: the

text: trial

text: court

text: s

text: jury

text: instructions

text: and

text: is

text: not

text: entitled

text: to

text: a

text: new

text: trial

text: Because

text: I

text: would

text: hold

text: that

text: defendant

text: is

text: not

text: entitled

text: to

text: a

text: new

text: trial

text: on

text: this

text: issue

text: I

text: address

text: defendant

text: s

text: remaining

text: assignment

text: of

text: error

text: III

text: Sentencing

text: Defendant

text: argues

text: the

text: trial

text: court

text: erred

text: by

text: sentencing

text: her

text: to

text: a

text: harsher

text: sentence

text: than

text: she

text: received

text: in

text: the

text: district

text: court

text: A

text: sentence

text: within

text: statutory

text: limits

text: is

text: presumed

text: to

text: be

text: regular

text: Where

text: the

text: record

text: however

text: reveals

text: the

text: trial

text: court

text: considered

text: an

text: improper

text: matter

text: in

text: determining

text: the

text: severity

text: of

text: the

text: sentence

text: the

text: presumption

text: of

text: regularity

text: is

text: overcome

text: It

text: is

text: improper

text: for

text: the

text: trial

text: court

text: in

text: sentencing

text: a

text: defendant

text: to

text: consider

text: the

text: defendant

text: s

text: decision

text: to

text: insist

text: on

text: a

text: jury

text: trial

text: Where

text: it

text: can

text: be

text: reasonably

text: inferred

text: the

text: sentence

text: imposed

text: on

text: a

text: defendant

text: was

text: based

text: even

text: in

text: part

text: on

text: the

text: defendant

text: s

text: insistence

text: on

text: a

text: jury

text: trial

text: the

text: defendant

text: is

text: entitled

text: to

text: a

text: new

text: sentencing

text: hearing

text: State

text: v

text: Peterson

text: N

text: C

text: App

text: S

text: E

text: d

text: internal

text: citation

text: and

text: quotation

text: omitted

text: In

text: district

text: court

text: defendant

text: was

text: sentenced

text: to

text: a

text: suspended

text: sentence

text: of

text: forty

text: five

text: days

text: imprisonment

text: and

text: was

text: placed

text: on

text: supervised

text: probation

text: for

text: a

text: period

text: of

text: twelve

text: months

text: Defendant

text: appealed

text: to

text: the

text: superior

text: court

text: and

text: asserted

text: her

text: right

text: to

text: a

text: jury

text: trial

text: After

text: the

text: jury

text: had

text: returned

text: a

text: guilty

text: verdict

text: the

text: superior

text: court

text: imposed

text: a

text: suspended

text: sentence

text: of

text: forty

text: five

text: days

text: imprisonment

text: and

text: placed

text: defendant

text: on

text: supervised

text: probation

text: for

text: a

text: period

text: of

text: eighteen

text: months

text: It

text: is

text: undisputed

text: that

text: the

text: suspended

text: sentence

text: defendant

text: received

text: in

text: superior

text: court

text: was

text: authorized

text: by

text: statute

text: rested

text: in

text: the

text: presumptive

text: range

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