IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA18-795 Filed: 16 April 2019 Wilkes County, Nos. 13 CRS 52517, 52535; 17 CRS 213-19 STATE OF NORTH CAROLINA v. ROBERT DARYL BAUGUSS Appeal by defendant from judgments entered 23 February 2018 by Judge Michael D. Duncan in Wilkes County Superior Court. Heard in the Court of Appeals 27 February 2019. Attorney General Joshua H. Stein, by Special Deputy Attorney General Lauren M. Clemmons, for the State. Mark Hayes for defendant-appellant. ARROWOOD, Judge. Robert Daryl Bauguss (“defendant”) appeals from judgments entered on his convictions of failing to register a sex offender online identifier, first-degree sexual exploitation of a minor, two counts of attempted statutory sex offense of a child, and five counts of statutory sexual offense of a child. For the reasons stated herein, we find no error. I. Background STATE V. BAUGUSS Opinion of the Court On 6 September 2016, a Wilkes County Grand Jury indicted defendant for failure to register a sex offender online identifier and first-degree sexual exploitation of a minor. On 15 May 2017, the grand jury issued additional indictments for seven counts of statutory sexual offense of a child. The matter came on for trial on 19 February 2018 in Wilkes County Superior Court, the Honorable Michael D. Duncan presiding. The State’s evidence tended to show as follows. On 29 July 2013, Wilkes County Sheriff’s Deputy Nancy Graybeal received a report of Facebook conversations between defendant and A.M.1 that indicated possible child sex abuse. Defendant was a registered sex offender at the time, based on a previous conviction for taking indecent liberties with a child. As a registered sex offender, defendant was prohibited from using social media websites and was required to report any online identifiers, including screen names, to the sheriff of his county of residence. However, defendant did not register the screen name he used to carry out these Facebook conversations with A.M., “Rod Love[.]” Defendant was arrested at A.M.’s house on 29 July 2013. Detective Graybeal interviewed A.M. on the front porch. A.M. admitted to communicating with defendant on Facebook and sharing photos of her daughter with him. She also 1 Pseudonyms and initials are used throughout this opinion to protect the identity of the juvenile. -2- STATE V. BAUGUSS Opinion of the Court admitted to recording a video of her daughter, “Dee,” who was six years old at the time of defendant’s arrest. A.M. went to the police station, where she underwent another interview, and allowed officers to look through her cell phone. Nude photos of Dee were stored on the phone, as well as two videos depicting A.M. performing sexual acts on her daughter. A.M. admitted to having performed oral sex on Dee three times and to having touched Dee’s vagina four times. She also admitted to sending the photos and at least one video to defendant, some at his request. She explained that she sent these photos and videos, and worked to facilitate sexual interactions between defendant and her daughter ...
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