IN THE COURT OF APPEALS OF NORTH CAROLINA

2021-NCCOA-204

No. COA20-256

Filed 4 May 2021

Montgomery County Nos. 18 CRS 050721; 19 CRS 1035

STATE OF NORTH CAROLINA

v.

JEFFERY LEE SECHREST, Defendant.

Appeal by Defendant from judgment entered 18 July 2019 by Judge Susan E.

Bray in Montgomery County Superior Court. Heard in the Court of Appeals 20 

October 2020.

Attorney General Joshua H. Stein, by Assistant Attorney General Jason P. 

Caccamo, for the State.

Appellate Defender Glenn Gerding, by Assistant Appellate Defender Katy 

Dickinson-Schultz, for defendant-appellant.

MURPHY, Judge.

¶ 1 The indecent liberties with a child indictment that used initials to name the 

child victim was not facially invalid. Additionally, the trial court did not commit plain 

error when it allowed witnesses to recount to the jury their conversations with the 

victim. 

BACKGROUND
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¶ 2 On 27 May 2018, Defendant Jeffery Sechrest attended a cookout at his father’s 

camper that his father’s fiancée, Jeanne,1 and her relative, Kate,2 also attended. 

Defendant was 40 years old and Kate was 15 years old. After discussing her desire 

to ride a motorcycle, Kate went on a motorcycle ride with Defendant where they 

discussed topics such as relationships, drugs, alcohol and sex. Defendant asked Kate 

whether she was a virgin and about her favorite sexual positions. Defendant and 

Kate returned to Defendant’s father’s camper after approximately 30 minutes. 

¶ 3 The following day, 28 May 2018, Jeanne and Kate returned to Defendant’s 

father’s camper. Defendant took Kate on another motorcycle ride. About fifteen or 

twenty minutes into the ride, it began to rain and Defendant suggested they stop at 

his house until the rain cleared up. Upon arrival, Defendant offered Kate a drink in 

a brown bottle that she believed to be alcohol. While showing Kate an album of halfnaked women, Defendant smoked methamphetamine. He then played pornography 

for Kate on his television, but turned it off after she asked to watch the movie Suicide 

Squad. While Kate and Defendant were watching the movie, Defendant grabbed 

Kate and pressed his face against hers to kiss her. Kate pushed away Defendant and 

told him she was uncomfortable; however, Defendant continued to kiss her and pull 

 

1 Pseudonyms are used for all relevant persons throughout this opinion to protect the 

identity of the juvenile and for ease of reading. 

2 A pseudonym abbreviation will also be used for the juvenile’s initials when referred 

to in the indictment. 
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her up on his lap. Despite multiple objections from Kate, Defendant proceeded to put 

his hands under her shirt and touch her breasts. During this encounter, Kate’s phone 

received a text message, which she used as an opportunity to escape and told 

Defendant she was ready to go back to the camper. Defendant took Kate back to the 

camper where they ate pizza with Jeanne and Defendant’s father. 

¶ 4 Kate returned home later that evening and texted her uncle, Andrew, to 

explain what happened on 27 and 28 May 2018. Andrew expressed his concerns to 

Kate and suggested she speak to her school’s guidance counselor. At the start of the 

school week, Kate spoke to her school’s resource officer and guidance counselor 

regarding the actions of Defendant. Kate was then interviewed by Morgan Halkyer 

(“Halkyer”), a Randolph County Department of Social Services (“DSS”) employee.

This interview was recorded.

¶ 5 Defendant was indicted for indecent liberties with a child and the case came 

on for trial during the 15 July 2019 session of Montgomery County Superior Court. 

At trial, the jury heard from Matthew Shoffner (“Shoffner”), Defendant’s probation 

officer. Schoffner testified Defendant denied any sexual contact, but stated “maybe 

things did go a little too far.” Additionally, the text messages between Kate and 

Andrew were admitted into evidence and published for the jury as well as the 

recorded interview between Halkyer and Kate.
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¶ 6 The jury found Defendant guilty of indecent liberties with a child. He then

pleaded guilty to attaining the status of habitual felon and was sentenced to 127 to 

165 months. Defendant timely appealed. 

ANALYSIS

¶ 7 Defendant argues the trial court lacked subject matter jurisdiction to enter 

judgment on the indecent liberties with a child conviction because the alleged victim 

was identified only be her initials in the indictment. Defendant also argues the trial 

court committed plain error by allowing an expert witness’s statements on a recording 

and a lay witness’s text messages with Kate where the statements and text messages

improperly vouched for Kate’s credibility. 

A. Sufficiency of the Indictment

¶ 8 Defendant argues because the indecent liberties with a child indictment 

referenced the victim by only her initials and not her full name, it was fatally 

defective and the defect rendered the trial court without subject matter jurisdiction 

to enter judgment on the indecent liberties with a child conviction against Defendant. 

“[W]e review the sufficiency of an indictment de novo.” State v. McKoy, 196 N.C. App. 

650, 652, 675 S.E.2d 406, 409, appeal dismissed and disc. rev. denied, 363 N.C. 586, 

683 S.E.2d 215 (2009). 

¶ 9 We note Defendant failed to object to the sufficiency of the indictment in the 

trial court and only raises this argument on appeal. Despite this, an argument that 
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the trial court lacked subject matter jurisdiction may be raised at any time after a 

verdict. See State v. Harwood, 243 N.C. App. 425, 427-28, 777 S.E.2d 116, 118 (2015) 

(“The issue of a court’s jurisdiction over a matter may be raised at any time, even for 

the first time on appeal or by a court sua sponte.”). Since indictments confer subject 

matter jurisdiction on the trial court, Defendant’s argument may be raised for the 

first time on appeal. See State v. Rogers, 256 N.C. App. 328, 337, 808 S.E.2d 156, 162 

(2017) (“In criminal cases, a valid indictment gives the trial court its subject matter 

jurisdiction over the case.”). 

¶ 10 Generally, “[a] criminal pleading, such as an [indictment], is fatally defective 

if it ‘fails to state some essential and necessary element of the offense of which the 

defendant is found guilty.’” State v. Ellis, 368 N.C. 342, 344, 776 S.E.2d 675, 677 

(2015) (quoting State v. Gregory, 223 N.C. 415, 418, 27 S.E.2d 140, 142 (1943)). 

[I]t is not the function of an indictment to bind the hands 

of the State with technical rules of pleading; rather, its 

purposes are to identify clearly the crime being charged, 

thereby putting the accused on reasonable notice to defend 

against it and prepare for trial, and to protect the accused 

from being jeopardized by the State more than once for the 

same crime.

State v. Sturdivant, 304 N.C. 293, 311, 283 S.E.2d 719, 731 (1981). 

¶ 11 We have previously determined the use of initials to identify a victim is 

sufficient for a second-degree rape and second-degree sexual offense indictment. See

McKoy, 196 N.C. App. at 654, 675 S.E.2d at 410. Defendant argues McKoy is no 
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longer binding after our Supreme Court’s opinion in State v. White. 372 N.C. 248, 

827 S.E.2d 80 (2019). Defendant asks us to extend the holding of White as it

“undercuts the viability of McKoy” and essentially overturns our decision in McKoy. 

In White, our Supreme Court discussed McKoy in determining whether the phrase 

“Victim #1” was sufficient to name the victim in a sex offense indictment. Id. at 251-

53, 827 S.E.2d at 82-83. Our Supreme Court concluded:

Even if this Court decides that initials are sufficient to 

satisfy the “naming the victim” requirement, the 

indictment in this case is still insufficient. The State 

concedes that its intent was to conceal the identity of the 

child–an intent at odds with the purpose of the naming 

requirement: to provide notice of the essential elements of 

the crime charged to the accused. Thus, use of the phrase 

“Victim #1” does not constitute “naming the child.”

Id. at 252, 827 S.E.2d at 83. Nowhere in White does our Supreme Court explicitly or 

implicitly overrule our decision in McKoy. Additionally, White does not address the 

issue of naming a victim solely by their initials since the indictment there referenced 

the victim as “Victim #1.” McKoy remains our binding precedent and “the use of 

initials to identify a victim [] require[s] [us] to employ the Coker and Lowe tests to 

determine if [the] indictment [was] sufficient to impart subject matter jurisdiction.” 

McKoy, 196 N.C. App. at 658, 675 S.E.2d at 412. 

¶ 12 In order to determine if the lack of a victim’s full name renders an indictment 

fatally defective, Coker requires us to inquire whether a person of common 
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understanding would know the intent of the indictments was to charge Defendant 

with indecent liberties with a child. State v. Coker, 312 N.C. 432, 435, 323 S.E.2d 

343, 346 (1984). Additionally, Lowe requires us to inquire whether Defendant’s 

constitutional rights to notice and freedom from double jeopardy were adequately 

protected by use of the victim’s initials. State v. Lowe, 295 N.C. 596, 603, 247 S.E.2d 

878, 883 (1978).

¶ 13 Defendant’s indictment for indecent liberties with a child alleges:

The jurors for the State upon their oath present that on or 

about the date(s) of the offense shown and in the county 

named above [Defendant] named above unlawfully, 

willfully and feloniously did commit and attempt to commit 

a lewd and lascivious act upon the body of [KA], who was 

under the age of 16 years at the time. At the time, 

[Defendant] was over 16 years of age and at least five years 

older than that child. 

N.C.G.S. § 14-202.1 states:

(a) A person is guilty of taking indecent liberties with 

children if, being 16 years of age or more and at least five 

years older than the child in question, he either:

(1) Willfully takes or attempts to take any immoral, 

improper, or indecent liberties with any child of either sex

under the age of 16 years for the purpose of arousing or 

gratifying sexual desire; or

(2) Willfully commits or attempts to commit any lewd or 

lascivious act upon or with the body or any part or member 

of the body of any child of either sex under the age of 16 

years.
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N.C.G.S. § 14-202.1(a) (2019) (emphasis added). The indictment here tracked the 

statutory language of N.C.G.S. § 14-202.1. Id. While the statute defining taking 

indecent liberties with a child requires the offense to be with “any child of either sex 

under the age of 16 years,” id., the indictment charging this offense “does not need to 

state the victim’s full name, nor [does it] need to add periods after each letter in 

initials in order to accomplish the common sense understanding that initials 

represent a person.” McKoy, 196 N.C. App. at 654, 675 S.E.2d at 410. A person of 

common understanding would know the intent of the indictment is met here. The 

Coker prong of McKoy is satisfied. 

¶ 14 Turning to the Lowe prong of the McKoy analysis, the Record demonstrates 

Defendant also had notice of the identity of the victim. The arrest warrants served 

on Defendant listed the victim’s full name, including her middle name. See McKoy, 

196 N.C. App. at 657-58, 675 S.E.2d at 412. Defendant was interviewed by multiple 

law enforcement officers regarding his contact with the victim, in which he admitted 

he knew Kate. See id. at 658, 675 S.E.2d at 412. Further, Defendant makes no 

argument on appeal he had difficulty preparing his case because of the use of “KA” 

instead of the victim’s full name. See id. In addition, Kate testified at trial and 

identified herself by her full name in open court. See id. There is no possibility that 

Defendant was confused regarding the identity of the victim and therefore the use of 
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“KA” in the indictment provided Defendant with sufficient notice to prepare his 

defense and protect himself against double jeopardy. 

¶ 15 The indictment charging Defendant with taking indecent liberties with a child 

was sufficient to meet the analysis emphasized by McKoy as outlined in Coker and 

Lowe. 

B. Vouching

¶ 16 Defendant argues the trial court plainly erred by admitting testimony and 

evidence that vouched for the credibility of the victim. Defendant did not object to 

the admission of this evidence throughout the trial, and we review for plain error. 

N.C. R. App. P. 10(a)(4) (2021); State v. Odom, 307 N.C. 655, 659-60, 300 S.E.2d 375, 

378 (1983). The standard for plain error is well established: 

For error to constitute plain error, a defendant must 

demonstrate that a fundamental error occurred at trial. To 

show that an error was fundamental, a defendant must 

establish prejudice--that, after examination of the entire 

record, the error had a probable impact on the jury’s finding 

that the defendant was guilty. Moreover, because plain 

error is to be applied cautiously and only in the exceptional 

case, the error will often be one that seriously affects the 

fairness, integrity or public reputation of judicial 

proceedings[.]

State v. Lawrence, 365 N.C. 506, 518, 723 S.E.2d 326, 334 (2012) (internal citations 

and marks omitted) (emphasis added). 
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¶ 17 “[T]he trial court commits a fundamental error when it allows testimony which 

vouches for the complainant’s credibility in a case where the verdict entirely depends 

upon the jurors’ comparative assessment of the complainant’s and the defendant’s 

credibility.” State v. Warden, 376 N.C. 503, 504, 852 S.E.2d 184, 186 (2020). 

However, witnesses generally are permitted to explain their own observations of the 

alleged victim or evidence gathered in the case. See State v. Wise, 326 N.C. 421, 427-

28, 390 S.E.2d 142, 146, cert. denied, 498 U.S. 853, 112 L. Ed. 2d 113 (1990) (holding 

no error where a witness merely described her personal observations concerning the 

emotions of the victim during their counseling sessions). Defendant argues both 

Halkyer and Andrew made statements that impermissibly vouched for Kate’s 

credibility. We disagree and find no error in admitting Halkyer’s statements and no 

plain error in admitting Andrew’s statements.

1. Expert Witness Opinion: Morgan Halkyer

¶ 18 “In child sexual abuse cases, where there is no physical evidence of the abuse, 

an expert witness’s affirmation of sexual abuse amounts to an evaluation of the 

veracity of the child witness and is, therefore, impermissible testimony.” State v. 

Crabtree, 249 N.C. App. 395, 401, 790 S.E.2d 709, 714 (2016), aff’d per curiam, 370 

N.C. 156, 804 S.E.2d 185 (2017); see State v. O’Connor, 150 N.C. App. 710, 712 & n.1, 

564 S.E.2d 296, 297 & n.1 (finding plain error in the admission of an expert witness’s 

written report stating the victim’s disclosure was “credible” and noting “[t]here is no 
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reason to distinguish between an expert’s opinion presented through oral testimony 

and an expert’s opinion expressed in written form”), disc. rev. denied, 356 N.C. 173, 

567 S.E.2d 144 (2002). “[A]n expert witness may testify, upon a proper foundation, 

as to the profiles of sexually abused children and whether a particular complainant 

has symptoms or characteristics consistent therewith.” State v. Stancil, 355 N.C. 266, 

267, 559 S.E.2d 788, 789 (2002) (per curiam). “[T]he same [rule] applies to a witness 

who is a DSS worker or child abuse investigator because, even if she is not qualified 

as an expert witness, the jury will most likely give her opinion more weight than a 

lay opinion.” Crabtree, 249 N.C. App. at 402, 790 S.E.2d at 714-15. 

¶ 19 During her recorded interview with Kate that was played for the jury, Halkyer 

made the following statements: 

You have like an entourage of people that kind of kicked in 

like that (*snaps fingers*) to make sure you are safe and 

healthy, like that’s pretty cool. . . . No kid should ever be 

put in that situation by an adult, you know, they’re an 

adult, they should know better . . . What do you think about 

that, all those people kind of kicking in gear?

Defendant argues these statements were impermissible vouching because they

characterized Defendant as an adult that “should have known better” and a “sexually 

violent predator who should have known what he did was wrong.” 

¶ 20 We hold Halkyer did not impermissibly vouch for Kate’s credibility. Halkyer’s 

statements on the recording that “no kid should ever be put in that situation by an 
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adult” and “[adults] should know better” were not tantamount to an opinion that Kate 

was credible. 

¶ 21 In State v. Stancil, our Supreme Court held:

In a sexual offense prosecution involving a child victim, the 

trial court should not admit expert opinion that sexual 

abuse has in fact occurred because, absent physical 

evidence supporting a diagnosis of sexual abuse, such 

testimony is an impermissible opinion regarding the 

victim’s credibility. However, an expert witness may 

testify, upon a proper foundation, as to the profiles of 

sexually abused children and whether a particular 

complainant has symptoms or characteristics consistent 

therewith.

Stancil, 355 N.C. at 266-67, 559 S.E.2d at 789 (internal citations omitted). In State 

v. Ryan, we held the following testimony from a doctor improperly vouched for the 

credibility of the minor victim:

[THE STATE:] Have you ever diagnosed or made a finding 

that a child is not being truthful?

[DOCTOR:] I have done that on several occasions.

[THE STATE:] Can you explain to the jurors what you look 

for, the clues that you look for, and do you do that in every 

case?

[DOCTOR:] I do it in every case.

[THE STATE:] Was there anything about your 

examination of the child that gave you any concerns in this 

regard?
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[DOCTOR:] That gave me concerns that she was giving a 

fictitious story?

[THE STATE:] Yes.

[DOCTOR:] Nothing. There was nothing about the 

evaluation which led me to have those concerns. And again, 

as I was getting into her history and considering this as a 

possibility, nothing came out. 

State v. Ryan, 223 N.C. App. 325, 334, 734 S.E.2d 598, 604 (2012), disc. rev. denied, 

366 N.C. 433, 736 S.E.2d 139 (2013). We concluded the doctor’s testimony that she 

had no concerns the child was “giving a fictitious story” was “tantamount to her 

opinion that the child was not lying about the sexual abuse.” Id.

¶ 22 Here, unlike in Ryan, Halkyer’s statements on the recording did not 

impermissibly vouch for the credibility of Kate. The statements on the recording did 

nothing more than provide the jury with the context of Halkyer’s interview with Kate. 

Halkyer was not attempting to give her opinion on whether Kate was lying about the 

sexual offense, but rather was comforting Kate with general statements about adult 

behavior while Kate reported a traumatic life event. Halkyer’s statements on the 

recording are distinguishable from cases like Ryan, where we have held the witness 

was impermissibly vouching because Halkyer’s statements on the recording are in no 

way tantamount to an opinion that the sexual offense had in fact occurred or that the 

child was not lying. The trial court did not err in allowing Halkyer’s statements on

the recording to be played to the jury.
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2. Lay Witness Opinion: Andrew

¶ 23 Defendant’s remaining argument contends the trial court plainly erred by 

admitting the text messages of a lay witness, Andrew.3 Defendant specifically argues 

the admission of certain text messages between Andrew and Kate was plain error 

because Andrew’s text messages “emphatically” stated Defendant committed a crime 

even if the conduct did not rise to the level of sexual assault. Among the text 

messages shown to the jury were the following exchanges: 

[Andrew]: Have you spoken to someone at school yet

[Kate]: No..

Well... I didn’t give names or the whole story..

But I was talking to my PE teacher. Cause we 

are having Sex Ed week and asked about 

sexual assault and everything

[Andrew]: What did they say

[Kate]: It’s not sexual assault because I didn’t say no..

[Andrew]: Who said that?!?!

[Kate]: A teacher

[Andrew]: Did [the teacher] know he was 40?!?

[Kate]: No

I just said it in general

[Andrew]: You need to not speak in general darlin. You 

 

3 At trial, these documents were identified as text messages through the Facebook 

Messenger platform. 
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don’t have to be explicit but they need to 

understand that a 40 year old man took you 

too [sic] his house and attempted 

inappropriate actions. It’s may not be sexual 

assault but it is illegal 

That’s why I suggested a counselor because 

those should be protected conversations. 

[Kate]: I’ll go into her office after this class...I’ll tell 

you what she says

Although if it isn’t sexual assault what [is it]?

[Andrew]: It will turn into assault if you were to keep 

resisting. You’re 15 and he is preying on you.

[frown emoji]

It is not your fault.

[Kate]: I didn’t say no. I didn’t refuse. I just let him 

do it.

[Andrew]: But did you want him to?

[Kate]: No

[Andrew]: Then you did say no and did refuse.

You shouldn’t have to verbalize not wanting a 

40 year old man to do something to you.

. . . 

[Andrew]: How do you feel?

[Kate]: I’m okay...I keep reliving that moment and it 

disgusts me...I just wanna get past 

this...although it’s crazy. Cause now I’m more 

sensitive when people come up to me...Like if 
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they touch me all of the sudden...I jump...

[Andrew]: Understandable but you can easily get past 

that. If it had continued, more [] damage 

would have been done physically and 

mentally. You are being extremely brave 

standing up to this.

The crux of Defendant’s argument is that Andrew “essentially usurped the jury’s duty 

to determine whether a crime happened by emphatically stating that one did” and 

the effect of these exchanges invited the jury to improperly conclude Defendant 

committed a crime. 

¶ 24 “Our [caselaw] has long held that a witness may not vouch for the credibility 

of a victim.” State v. Giddens, 199 N.C. App. 115, 121, 681 S.E.2d 504, 508 (2009), 

aff’d per curiam, 363 N.C. 826, 689 S.E.2d 858 (2010). “The question of whether a 

witness is telling the truth is a question of credibility and is a matter for the jury 

alone.” State v. Solomon, 340 N.C. 212, 221, 456 S.E.2d 778, 784, cert. denied, 516 

U.S. 996, 133 L. Ed. 2d 438 (1995). As previously stated, to establish plain error, a 

defendant must show the error “was a fundamental error—that the error had a 

probable impact on the jury verdict.” Lawrence, 365 N.C. at 518, 723 S.E.2d at 334. 

Here, Defendant cannot establish plain error because he has not demonstrated the 

above cited testimony and evidence had a “probable impact on the jury verdict.” Id. 

Prior to deliberations, the trial court read and provided the pattern cautionary 
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instruction to the jury regarding the credibility, interest, bias, and partiality of 

witnesses:

You are the sole judges of the believability of witnesses. 

You must decide for yourselves whether to believe the 

testimony of any witness. You may believe all, any part, or 

none of a witness’s testimony. In deciding whether to 

believe a witness, you should use the same tests for 

truthfulness that you use in your everyday lives. Among 

other things, these tests may include the opportunity of the 

witness to see, hear, know, or remember the facts or 

occurrences about which the witness testified; the manner 

and appearance of the witness; any interest, bias, 

prejudice, or partiality the witness may have; the apparent 

understanding and fairness of the witness; whether the 

testimony is reasonable and whether the testimony is 

consistent with other believable evidence in the case.

See N.C.P.I.—Crim. 101.13 (2019). The members of the jury were informed they could 

consider any potential interest or partiality Andrew may have had toward his niece. 

Likewise, the jury understood it could consider any negative bias Andrew may have 

harbored toward Defendant (a 40-year-old man who allegedly molested his niece). 

Given the jury’s ultimate role regarding the believability of lay witnesses, and in light 

of the fact Kate provided extensive testimony at trial, along with Defendant’s 

statement “maybe things did go a little too far[,]” we cannot say the admission of 

Andrew’s text messages had a probable impact on the jury’s verdict. The trial court 

did not plainly err in allowing Andrew’s text messages. 
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¶ 25 Even if we assume there was error when the trial court did not intervene when

Andrew’s text messages with Kate were admitted into evidence, Defendant has not 

demonstrated plain error. Kate testified at length regarding Defendant’s actions and 

provided details and descriptions. From this and the surrounding circumstances, the 

jury could have considered and weighed it in light of the otherwise admissible 

evidence presented. The jury had the opportunity to observe Kate’s testimony and 

make its own independent determination about her credibility. Defendant has not 

demonstrated allowing Andrew’s text messages had a probable impact on the jury’s 

verdict. As a result, any error was not plain error. 

CONCLUSION

¶ 26 The indictment for taking indecent liberties with a child naming the victim 

only by her initials was sufficient under McKoy, which remains binding on our Court. 

Defendant has failed to demonstrate the trial court committed plain error in 

admitting an expert witness’s statements on a recording from DSS employee Halkyer. 

Further, Defendant has failed to establish plain error in the trial court’s admission 

of a lay witness opinion on text messages relating to the credibility of the minor 

victim. 

NO ERROR IN PART; NO PLAIN ERROR IN PART.

Judges ZACHARY and COLLINS concur.