State v. Jastrow, 237 N.C. App. 325 (Nov. 18, 2014)

(1) Where the defendant and his accomplices attempted to rob two victims inside a residence, the trial court properly denied the defendant’s motion to dismiss one of the charges. The defendant argued that because only one residence was involved, only one charge was proper. Distinguishing cases holding that only one robbery occurs when the defendant robs a business of its property by taking it from multiple employees, the court noted that here the defendant and his accomplices demanded that both victims turn over their own personal property. (2) Although the group initially planned to rob just one person, the defendant properly was convicted of attempting to rob a second person they found at the residence. The attempted robbery of the second person was in pursuit of the group’s common plan.

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