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   State Courts - North Carolina - March 6, 2007

  
State v. Cruz, NO. COA05-1637, COURT OF APPEALS OF NORTH CAROLINA, March 6, 2007, Filed
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State v. Dorton, NO. COA06-405, COURT OF APPEALS OF NORTH CAROLINA, March 6, 2007, Filed
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Overview: Defendant was properly resentenced within the presumptive range for offenders with a prior record level II as he had not sought a writ of supersedeas under N.C. R. App. P. 23(b) or moved to withdraw a prior waiver of counsel, and neither the law of the case doctrine nor the rule of lenity prevented the State from challenging his prior record level.

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State v. Flores-Renteria, NO. COA06-267, COURT OF APPEALS OF NORTH CAROLINA, March 6, 2007, Filed
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State v. Hill, NO. COA06-683, COURT OF APPEALS OF NORTH CAROLINA, March 6, 2007, Filed
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Overview: Evidence was sufficient to support conviction for robbery with dangerous weapon under N.C. Gen. Stat. 14-87(a) as defendant and accomplice took merchandise from store without paying for it, and were pursued by manager into parking lot where chase ended when defendant shoved manager to ground and accomplice attempted to run over her.

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State v. Johnson, NO. COA06-523, COURT OF APPEALS OF NORTH CAROLINA, March 6, 2007, Filed
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Overview: Trial court properly submitted a first degree murder charge on the basis of felony murder, where the evidence tended to show that defendant shot the first victim after he tackled defendant's brother, that the second victim immediately grabbed defendant attempting to disarm him, and that defendant then shot the second victim in the head.

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State v. Jones, NO. COA06-775, COURT OF APPEALS OF NORTH CAROLINA, March 6, 2007, Filed
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State v. Little, NO. COA06-289, COURT OF APPEALS OF NORTH CAROLINA, March 6, 2007, Filed
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State v. Mark, NO. COA06-496, COURT OF APPEALS OF NORTH CAROLINA, March 6, 2007, Filed
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State v. Murphy, NO. COA04-344-2, COURT OF APPEALS OF NORTH CAROLINA, March 6, 2007, Filed
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State v. Patterson, NO. COA06-581, COURT OF APPEALS OF NORTH CAROLINA, March 6, 2007, Filed
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Overview: Armed robbery conviction was upheld where indictment was sufficient, alleging essential elements, and evidence was sufficient support "taking" element, as jury could have reasonably concluded victim's purse, which was remained within arms reach, was no longer under the victim's protection where defendant had a gun pressed into the victim's stomach.

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