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Criminal Practice – Conspiracy – Common Law Robbery – Violence or Fear Element – Sentencing
Teresa Bruno, Opinions Editor//June 9, 2016//
Criminal Practice – Conspiracy – Common Law Robbery – Violence or Fear Element – Sentencing
Teresa Bruno, Opinions Editor//June 9, 2016//
State v. Fleming (Lawyers Weekly No. 011-196-16, 16 pp.) (John Tyson, J.) Appealed from Mecklenburg County Superior Court (Carla Archie, J.) N.C. App.
Holding: Defendant didn’t know that his accomplice had shoved a store manager until after the robbery, and none of the pair’s other “grab and run” larcenies involved takings by means of violence or fear. Therefore, the state failed to prove that defendant and his accomplice conspired to commit common law robbery.
We reverse defendant’s conviction of conspiracy to commit common law robbery. We find no error in defendant’s conviction of common law robbery or his attaining of habitual felon status.
During sentencing, the trial court said that defendant’s sentences would run consecutively to any sentence defendant might receive in the future; however, these comments or conditions are not reflected in defendant’s written and entered judgment. Defendant’s sentence was imposed within the presumptive range, and defendant has not overcome the presumption of regularity.
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