State v. Hendricksen, ___ N.C. App. ___, 809 S.E.2d 391 (Jan. 2, 2018)

Addressing the issue as one of legislative intent, the court held that the trial court did not err by imposing punishment for armed robbery in Johnston County when the defendant previously pled guilty in Harnett County to two counts of misdemeanor possession of stolen goods with respect to some of the property obtained in the robbery. The misdemeanor charges pertained to the defendant’s possession of two stolen lottery tickets. The robbery charge involved theft of money and hundreds of additional tickets. Noting this, the court concluded the same property was not at issue. The court went on to conclude that the offenses for which the defendant pled guilty was not for the same conduct at issue in the robbery charge, stating: “the possession to which defendant pled guilty was solely related to his attempt at cashing in two lottery tickets a few days after the robbery in Johnston County and was adjudicated in a separate trial in another county, with different facts and evidence.” Finally, the court concluded that even if the two tickets were the exact same and only property stolen during the robbery, the defendant’s appeal must fail because he repeatedly opposed other remedies at trial, including an offer by the State not to mention the tickets that were at issue in the earlier proceeding