State v. Barnes

479 S.E.2d 236, 125 N.C. App. 75, 1997 N.C. App. LEXIS 21
CourtCourt of Appeals of North Carolina
DecidedJanuary 7, 1997
DocketCOA96-597
StatusPublished
Cited by10 cases

This text of 479 S.E.2d 236 (State v. Barnes) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Barnes, 479 S.E.2d 236, 125 N.C. App. 75, 1997 N.C. App. LEXIS 21 (N.C. Ct. App. 1997).

Opinions

SMITH, Judge.

On 13 November 1995, a Guilford County Grand Jury indicted defendants Cathy Ann Mills Barnes and Donald Ray Hooks on charges of robbery with a dangerous weapon. Superseding indictments were returned by the Grand Jury on 8 January 1996. After the trial court allowed a motion for joinder filed by the State, defendants’ trial began on 29 January 1996. The State presented evidence tending to show the following:

On 25 August 1995, the assistant manager of a High Point Winn-Dixie saw defendant Barnes take ten bottles of Advil and two bottles of Tylenol from a store shelf while defendant Hooks stood nearby in the middle of the aisle. Defendants next walked down the aisle away from the store entrance, then started walking towards the entrance. When defendants saw the assistant manager and the manager approaching them, they turned around and almost sprinted towards the rear of the store. They turned down the next aisle and headed for the front entrance.

Defendant Hooks blocked the aisle while defendant Barnes sprinted to the front entrance. Another employee joined the pursuit of defendants during that time. Defendant Barnes ran to a car which was parked on the curb almost blocking the store’s front entrance. She got into the car on the passenger side. When the employee attempted to retrieve the merchandise from defendant Barnes, she threatened to give him AIDS with a needle. She bit the employee when he tried to grab some of the merchandise. Defendant Barnes cut the assistant manager’s arm three times with a knife when he reached into the car through the driver’s side window to retrieve the merchandise. During this time she also yelled for defendant Hooks to shoot the assistant manager.

While the manager went to call police, the assistant manager blocked the driver’s side door of the car. He pushed defendant Hooks away when he tried to enter the car, then noticed a bulge in defend[77]*77ant Hooks’ pocket. The assistant manager continued his efforts to keep defendant Hooks from entering the car until defendant Hooks pulled a small chrome-colored handgun out of his pocket and pointed it at the assistant manager’s stomach. Defendant Hooks got into the car, tossed the handgun into the car’s back floorboard, and pulled out his keys. Before he could start the car, the assistant manager leaned into the car and blocked the ignition. At that time defendant Barnes cut the assistant manager’s hand and rolled the window up on his right hand. The assistant manager broke the window in order to free his hand, and the defendants drove away.

The assistant manager and employee selected defendant Barnes’ picture from a photographic lineup. All three of the store personnel involved in the incident selected defendant Hooks’ picture from a photographic lineup. At the conclusion of the State’s evidence, defendants each made a motion to dismiss due to insufficiency of the evidence. The trial court denied their motions. Defendants offered no evidence and renewed their motions, which the trial court again denied.

Defendants next requested that the trial court instruct the jury on misdemeanor larceny and misdemeanor assault with a deadly weapon. The trial court denied both defendants’ requested instruction on the lesser offenses. Defendants subsequently excepted to the trial court’s instruction on continuous transaction. After the jury found the defendants guilty of robbery with a dangerous weapon, the trial court sentenced defendant Barnes to a minimum of 101 months’ imprisonment and a maximum term of 131 months’ imprisonment. The trial court sentenced defendant Hooks to a minimum term of 66 months’ imprisonment and a maximum term of 89 months’ imprisonment. Defendants appealed.

In their first argument, defendants contend that the trial court erred by denying their respective motions to dismiss due to insufficiency of the evidence. They argue that the State’s evidence failed to demonstrate that defendant Hooks’ use of a dangerous weapon occurred before or concomitant to the taking of the property. Because defendant Hooks’ use of a dangerous weapon occurred after he exited the store, they assert that it cannot be considered part of the taking so as to constitute robbery. We disagree.

In ruling on a motion to dismiss, the trial court is to consider the evidence in the light most favorable to the State and to give the State the benefit of every reasonable inference which may be drawn from [78]*78that evidence. State v. Robbins, 309 N.C. 771, 309 S.E.2d 188 (1983). The trial court must determine whether there is substantial evidence of each element of the charged offense. State v. Vines, 317 N.C. 242, 345 S.E.2d 169 (1986). “Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” State v. Smith, 300 N.C. 71, 78-79, 265 S.E.2d 164, 169 (1980). “[I]f the State has offered substantial evidence against defendant of every essential element of the crime charged[,]” defendants’ motions to dismiss must be denied. State v. Porter, 303 N.C. 680, 685, 281 S.E.2d 377, 381 (1981).

For the offense of robbery with a dangerous weapon, the State must prove the following elements: “1) the unlawful taking or attempt to take personal property from the person or in the presence of another; 2) by use or threatened use of a firearm or other dangerous weapon; 3) whereby the life of a person is endangered or threatened.” State v. Wiggins, 334 N.C. 18, 35, 431 S.E.2d 755, 765 (1993); N.C. Gen. Stat. § 14-87(a) (1993). “[T]he temporal order of the threat or use of a dangerous weapon and the taking is immaterial.” State v. Cunningham, 97 N.C. App. 631, 634, 389 S.E.2d 286, 288, disc. review denied, 326 N.C. 802, 393 S.E.2d 905 (1990). Rather, there must be a continuous transaction in which the threat or use of the dangerous weapon and the taking are “so joined in time and circumstances as to be inseparable.” State v. Lilly, 32 N.C. App. 467, 469, 232 S.E.2d 495, 497, disc. review denied, 292 N.C. 643, 235 S.E.2d 64 (1977).

When the preceding principles are applied to the present case, we conclude that the State introduced substantial evidence of the offense’s elements and of a continuous transaction. The defendants concede in their brief that when viewed in the light most favorable to the State, the evidence shows that they entered the victim’s store, obtained merchandise and left without paying for it. In addition, defendants admit that defendant Hooks displayed a handgun during a confrontation with store personnel outside of the store.

Defendant’s argument essentially rests on the proposition that the armed robbery was complete when defendants exited the store with the merchandise. Such an argument blurs the distinction between larceny and robbery. See State v. Barnes, 345 N.C. 146, 479 S.E.2d 236 (1996) In Barnes,

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State v. Barnes
479 S.E.2d 236 (Court of Appeals of North Carolina, 1997)

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Bluebook (online)
479 S.E.2d 236, 125 N.C. App. 75, 1997 N.C. App. LEXIS 21, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-barnes-ncctapp-1997.