State v. Robinson, ___ N.C. App. ___, 795 S.E.2d 136 (Dec. 20, 2016)

The trial court’s jury instruction regarding the bulletproof vest enhancement was not improper. The defendant argued that the trial court erred by instructing the jury that it could find this enhancement if it found that he wore or had in his immediate possession a bulletproof vest. The defendant argued that this instruction improperly presented the jury with two alternative theories, only one of which was supported by the evidence. The court rejected the defendant’s argument that there was no evidence that he had such a vest in his immediate possession. Among other things, the police found a bulletproof vest in the back of the vehicle where the defendant had been sitting when fleeing the crime scene.