State v. Beck, 264A21, ___ N.C. ___ (Dec. 15, 2023)

In this Watauga County case, the Supreme Court reversed the Court of Appeals majority decision vacating defendant’s conviction for conspiracy to commit robbery with a dangerous weapon, reinstating his conviction. 

In April of 2017, defendant and two associates planned to rob a drug dealer in Boone. After texting to set up a plan, one of defendant’s associates agreed to go to the apartment of the drug dealer. The associate went to the apartment in question, but initially did not leave his car in the parking lot; after leaving for about 24 minutes, he returned and then entered the apartment. Meanwhile, defendant and the other associate waited, and broke in to the apartment after the meeting was underway. Defendant was indicted for robbery with a dangerous weapon, felonious breaking or entering, and conspiracy to commit both felonies. Defendant moved to dismiss, arguing the State did not present sufficient evidence of multiple conspiracies, but the trial court denied the motion. The jury found defendant guilty of all four charges. On appeal, the Court of Appeals vacated defendant’s conspiracy to commit robbery charge, reasoning that “the State’s evidence established one single conspiracy that continued from on or around 18 April 2017 through the date of the breaking or entering and armed robbery on 27 April 2017.” Slip Op. at 4. The State appealed based upon the dissenting judge’s opinion. 

Taking up the State’s appeal, the Supreme Court first noted “the Court of Appeals erred in determining the charge of conspiracy to commit breaking or entering would be the conspiracy charge to remain if there had been sufficient evidence of only one conspiracy.” Id., note 1. The Court then explained that “in the course of completing the target crime of an original conspiracy, a defendant may enter into an additional and separate conspiracy to commit a different crime not conspired to originally.” Id. at 6. Here, the State had the burden of showing that defendant and at least one other person entered into conspiracies for both of the crimes charged. Looking to the record, the Court found adequate evidence of a conspiracy to commit robbery with a dangerous weapon. Additionally, the Court explained that “[i]mportantly, no evidence was produced that the original plan included breaking or entering the apartment.” Id. at 8. Instead, it appeared that defendant and at least one of his associates reevaluated their plan when it became clear that the meeting would occur inside the drug dealer’s apartment, and formed an additional conspiracy to break and enter the apartment on the fly. The Court explained the outcome:

When viewed in the light most favorable to the State, a rational juror could conclude that the original plan was to rob [the drug dealer] in the parking lot. When viewed in the light most favorable to the State, a rational juror could also conclude that, in those twenty-four minutes between [the associate’s] first and second appearances at the apartment complex, defendant and at least one other person formed an additional and separate conspiracy—a new plan. In the new plan, [the associate] would enter [the drug dealer’s] apartment for the meeting, and defendant and [another associate] would feloniously break into the apartment.

Id. at 9.

Justice Riggs, joined by Justice Earls, dissented and would have affirmed the vacatur of the conspiracy to commit felonious breaking or entering conviction (see note 1 of the Slip Opinion), along with remand for resentencing based on the single conspiracy charge. Id. at 11.