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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.

NO. COA11-867 NORTH CAROLINA COURT OF APPEALS Filed: 20 December 2011

IN RE: TONY FERNANDO CAFOLLA, Contemnor.

Forsyth County No. 10 CRS 29905

Appeal by contemnor from order entered 23 March 2011 by Judge Lindsay R. Davis, Jr., in Forsyth County Superior Court. Heard in the Court of Appeals 15 November 2011. Attorney General Roy Cooper, by Assistant Attorney General LaShawn Piquant, for the State. Law Offices of John R. Mills, NPC, by John R. Mills, for contemnor appellant. McCULLOUGH, Judge. Tony Fernando Cafolla ("contemnor") appeals from an order entered contempt. in superior court finding him in direct criminal

We affirm. I. Background

On 20 July 2010, contemnor and his father reported to the Winston-Salem Police Department that Krista Cafolla (the

-2"victim"), contemnor's sister, had been assaulted in an incident of domestic violence. Officer Kimberly Oakes ("Officer Oakes") responded to the call. When she arrived at the scene, the victim was present with contemnor and their father. Officer Oakes

interviewed the victim and observed that the victim had a black eye, that one of her eyeballs was red, and that she had bruises up and down both of her arms. Contemnor was standing

approximately 15 feet away while Officer Oakes interviewed the victim. Contemnor further informed Officer Oakes that he had

witnessed the domestic violence incident. Accordingly, contemnor was advised that he would be a witness in court and that the State's case relied on his testimony. The assault case was tried in Forsyth County District

Court, Domestic Violence Session, before Judge George Bedsworth ("Judge Bedsworth") on 22 November 2010. At trial, the State

presented the testimony of Officer Oakes, followed by contemnor. Upon taking the stand, Judge Bedsworth observed that contemnor appeared reluctant. Contemnor began his testimony by stating

that he did not remember the events that had occurred regarding the assault on his sister. and Judge Bedsworth to then be stopped truthful. "that if

contemnor's

testimony Judge

warned

contemnor warned

Specifically,

Bedsworth

contemnor

-3[contemnor] gave false testimony and if [Judge Bedsworth] found beyond falsely, a reasonable that [Judge doubt that [contemnor] could hold was testifying in

Bedsworth]

[contemnor]

contempt and [contemnor] could be put in jail for up to 30 days." Contemnor indicated to Judge Bedsworth that he understood the warning. When permitted to continue his testimony, contemnor again claimed to not remember the events, but also stated that he did not observe any injuries on his sister on the date of the incident. After contemnor completed his testimony, Judge Bedsworth contemnor had

made a finding beyond a reasonable doubt that

testified falsely during the trial and charged contemnor with direct criminal contempt. Judge Bedsworth then gave contemnor

an opportunity to respond to the charge of contempt, to which contemnor stated that he had actually seen his sister's injuries on the date of the assault. Judge Bedsworth sentenced contemnor

to 24 hours of confinement and entered the following order: The court finds beyond a reasonable doubt that during the proceeding the above contemnor willfully behaved in a contemptuous manner, in that the above named contemnor did give false testimony which delayed the proceedings and wasted the court's time. The contemnor then confirmed that he knew what his sister looked like on the date in question, which he had just denied under oath. The court warned [the

-4contemnor] prior to his false testimony that he could be held in contempt and jailed if he gave false testimony. The undersigned gave a clear warning that the contemnor's conduct was improper. In addition, the contemnor was given summary notice of the charges and summary opportunity to respond. Contemnor appealed to superior court. On 15 March 2011, contemnor's appeal was heard in Forsyth County Superior Court before Judge Lindsay R. Davis, Jr. ("Judge Davis"). Judge Davis conducted a de novo hearing at which

Officer Oakes and Judge Bedsworth testified to the events that occurred at the 22 November 2010 hearing. On 23 March 2011,

Judge Davis entered an order containing specific findings of fact and concluding that contemnor was "in direct criminal

contempt in violation of N.C.G.S.

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