Smith's Criminal Case Compendium
Table of Contents
State v. Guy, ___ N.C. App. ___, 822 S.E.2d 66 (Nov. 6, 2018)
(1) The trial court properly denied the defendant’s motion to dismiss a charge of armed robbery where the evidence showed that he acted in concert with the perpetrator. Although the defendant was not identified as being at the crime scene, it would have been reasonable for the jury to infer that the defendant acted in concert to commit the crime. A crime scene witness saw a car fly by him, hit a speed bump and blow out a tire. The Sheriff’s Department reported a silver car was involved in an armed robbery involving 3 to 4 suspects. An officer testified that less than one minute after receiving the 911 communication, she found the defendant changing a flat tire on his vehicle, along with two other individuals, less than a 1/4 mile from the crime scene. The victim’s debit card--the item stolen in the robbery—was found close to the defendant’s vehicle. Other items identified by the victim—a mask, snubnosed revolver, and red clothing—were located or recovered at or near the defendant’s vehicle.
(2) For similar reasons the court held that the trial court did not commit plain error by instructing the jury on acting in concert.