State v. Williams

438 S.E.2d 727, 335 N.C. 518, 1994 N.C. LEXIS 3
CourtSupreme Court of North Carolina
DecidedJanuary 28, 1994
Docket20A93
StatusPublished
Cited by18 cases

This text of 438 S.E.2d 727 (State v. Williams) is published on Counsel Stack Legal Research, covering Supreme Court 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. Williams, 438 S.E.2d 727, 335 N.C. 518, 1994 N.C. LEXIS 3 (N.C. 1994).

Opinions

MITCHELL, Justice.

The defendant was charged in indictments proper in form with two separate counts of robbery with a dangerous weapon in violation of N.C.G.S. § 14-87. The State’s evidence at trial tended to show that on 20 November 1990, Janet Jordan was working as cashier at The Scotchman, a convenience store located in Sampson County. At approximately 7:20 p.m., the defendant entered the store and approached the counter. While looking directly at Jordan, the defendant pulled something from his pocket and said, “Give me your money.” Jordan opened the cash register and the defendant reached into it and took a total of $60. Jordan testified that the object the defendant pulled from his pocket “looked like a pistol, but he had it wrapped up where I couldn’t see what it was. It looked like the way he was holding it[,] it looked like a pistol that he had wrapped in something, and it stuck out.” Jordan believed the object to be a real gun.

Approximately three hours later, at about 10:20 p.m., the defendant entered the Petro Mart in Sampson County. The cashier, Cathy Tew Smith, was cleaning the store at the time. The defendant approached the counter and asked for a pack of cigarettes. Smith testified that as soon as she hit the cigarette key on the cash register, the defendant demanded that she “open the drawer, b — , open the drawer b— right now or I’ll shoot you.” The defendant had his right hand in his jacket pocket at that time and was pointing it toward Smith. Smith “thought he had a gun because he was pointing at me and he kept saying that he was going to shoot me.” Smith became flustered and could not open the cash register. The defendant pulled the register on the floor. When it still would not open, the defendant fled without completing the [520]*520robbery. The transaction between Smith and the defendant at the Petro Mart was recorded by a security video-camera in the store.

The defendant gave testimony in the nature of alibi. He testified that at the time of the robberies in question, he was with friends and family celebrating his younger brother’s birthday. The defendant further testified that he did not own a gun and did not “mess with guns.”

The jury found the defendant guilty of one count of robbery with a dangerous weapon and one count of attempted robbery with a dangerous weapon. The trial court consolidated the cases for judgment and entered judgment sentencing the defendant to imprisonment for forty years.

The defendant appealed to the Court of Appeals, where a divided panel found no error in the judgment of the trial court. Judge Wynn dissented, contending that the majority had erred in its conclusion that no substantial evidence had been introduced tending to show that the defendant had not used a dangerous weapon. Therefore, Judge Wynn was of the opinion that the trial court had erred by instructing the jury as to the mandatory presumption arising where a defendant uses an implement that appears to be a deadly weapon and there is no evidence to the contrary. The defendant appealed to this Court as a matter of right by virtue of the dissent in the Court of Appeals.

The defendant contends that the trial court erred in its instructions to the jury by giving the State the benefit of a mandatory presumption that the object the defendant wielded during the robbery of The Scotchman and the later attempted robbery of the Petro Mart was a firearm. The defendant argues that the State was entitled only to an instruction giving it the benefit of a permissible inference that the object was a firearm. To establish robbery or attempted robbery with a dangerous weapon in this case, the State was required to prove beyond a reasonable doubt that the defendant possessed a firearm or other dangerous weapon at the time of the robbery or attempted robbery and that the victim’s life was in danger or threatened. N.C.G.S. § 14-87 (1986). Here, substantial evidence tended to show that the defendant used what appeared to his victims to be a firearm during both the armed robbery and the attempted armed robbery in question.

This Court has explained that:

[521]*521[w]hen a person commits a robbery by the use or threatened use of an implement which appears to be a firearm or other dangerous weapon, the law presumes, in the absence of any evidence to the contrary, that the instrument is what his conduct represents it to be — an implement endangering or threatening the life of the person being robbed. State v. Thompson, 297 N.C. 285, 289, 254 S.E.2d 526, 528 (1979). Thus, where there is evidence that a defendant has committed a robbery with what appears to the victim to be a firearm or other dangerous weapon and nothing to the contrary appears in evidence, the presumption that the victim’s life was endangered or threatened is mandatory. See State v. Thompson, 297 N.C. 285, 254 S.E.2d 526 (1979). If the jury in such cases finds the basic fact (that the robbery was accomplished with what appeared to the victim to be a firearm or other dangerous weapon), the jury must find the elemental fact (that a life was endangered or threatened). This is so because, when no evidence is introduced tending to show that a life was not endangered or threatened, “no issue is raised as to the nonexistence of the elemental facts and the jury may be directed to find the elemental facts if it finds the basic facts to exist beyond a reasonable doubt.” State v. White, 300 N.C. 494, 507, 268 S.E.2d 481, 489, rehearing den., 301 N.C. 107, 273 S.E.2d 443 (1980).
The mandatory presumption under consideration here, however, is of the type which merely requires the defendant “to come forward with some evidence (or take advantage of evidence already offered by the prosecution) to rebut the connection between the basic and elemental facts. . . .” State v. White, 300 N.C. at 507, 268 S.E.2d at 489. Therefore, when any evidence is introduced tending to show that the life of the victim was not endangered or threatened, “the mandatory presumption disappears leaving only a mere permissive inference. . . .” Id. The permissive inference which survives permits but does not require the jury to infer the elemental fact (danger or threat to life) from the basic fact proven (robbery with what appeared to the victim to be a firearm or other dangerous weapon). See generally State v. White, 300 N.C. 494, 268 S.E.2d 481 (1980). See State v. Alston, 305 N.C. 647, 290 S.E.2d 614 (1982).

[522]*522State v. Joyner, 312 N.C. 779, 782-83, 324 S.E.2d 841, 844 (1985).

Bearing the foregoing principles in mind, we turn to examine the contention of the defendant in the present case. Here, the trial court instructed the jury that to find the defendant guilty of attempted robbery of the Petro Mart with a dangerous weapon, the jury must find that the defendant

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State v. Williams
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Cite This Page — Counsel Stack

Bluebook (online)
438 S.E.2d 727, 335 N.C. 518, 1994 N.C. LEXIS 3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-williams-nc-1994.