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NO. COA10-814 NORTH CAROLINA COURT OF APPEALS Filed: 19 July 2011 STATE OF NORTH CAROLINA v. ALVARO RAFAEL CASTILLO Orange County Nos. 06 CRS 9516, 54833, 54856, 54858-54864

Appeal by Defendant from judgments entered 21 August 2009 by Judge R. Allen Baddour, Jr. in Superior Court, Orange County. Heard in the Court of Appeals 8 February 2011. Attorney General Roy Cooper, by Assistant Attorney General John G. Barnwell and Assistant Attorney General Derrick C. Mertz, for the State. Appellate Defender Staples Hughes, by Assistant Appellate Defender Benjamin Dowling-Sendor, for Defendant. McGEE, Judge. Alvaro Rafael Castillo (Defendant) was found guilty by a jury on 21 August 2009 of first-degree murder, discharging a weapon on educational property, discharge of a weapon into

occupied property, two counts of assault with a deadly weapon with intent to kill, two counts of possession of a firearm on educational property, and three counts of possession of a weapon of mass destruction. The trial court arrested judgment on the

-2three counts of possession of a weapon of mass destruction and one count of possession of a weapon on educational property. Defendant was sentenced to life imprisonment without the

possibility of parole for first-degree murder.

The trial court

imposed a consolidated sentence of twenty-five to thirty-nine months in prison, to run consecutively to Defendant's life

sentence, for: one count of assault with a deadly weapon with intent to kill, discharging a firearm on educational property, discharging a firearm into occupied property, and one count of possession of a weapon on educational property. The trial court

also imposed a sentence of twenty-five to thirty-nine months in prison to run consecutively with the above sentences, for the remaining count of assault with a deadly weapon with intent to kill. Defendant appeals. I. Facts The facts of this case are tragic and largely undisputed. Defendant shot and killed his father in their family home in Orange County on 30 August 2006. Defendant then drove to Orange Defendant was armed bombs, a sawed-off

High School (the school) in Hillsborough. with several homemade pipe bombs, smoke

shotgun, and a rifle. set off smoke bombs

After Defendant arrived at the school, he and discharged his rifle into the air.

Defendant began to shoot at students who were standing outside

-3of the school. the fa

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