State Carolina v. Eugene Tate Hill., 134A11.

• Decision Date: 07 October 2011
• Docket Number: No. 134A11.,134A11.
• Parties: STATE of North Carolinav.Eugene Tate HILL.
• Court: North Carolina Supreme Court

715 S.E.2d 841

STATE of North Carolina

v.Eugene Tate HILL.

No. 134A11.

Supreme Court of North Carolina.

Oct. 7, 2011.

Appeal pursuant to N.C.G.S. § 7A–30(2) from the decision of a divided panel of the Court of Appeals, ––– N.C.App. ––––, 706 S.E.2d 799 (2011), finding no error in a judgment entered on 29 September 2009 by Judge James U. Downs in Superior Court, Buncombe County. Heard in the Supreme Court 6 September 2011.

Roy Cooper, Attorney General, by Amanda P. Little, Assistant Attorney General, for the State.

Charlotte Gail Blake, Jefferson, for defendant-appellant.

HUDSON, Justice.

The sole issue in this appeal is whether the State presented sufficient evidence to support defendant's conviction of robbery with a dangerous weapon. Specifically, we address whether the State presented substantial evidence that (1) the victim's money was taken via the use or threatened use of a dangerous weapon and (2) the victim's life was endangered or threatened by the assailant's possession, use, or threatened use of a dangerous weapon during the course of the robbery. Viewing the evidence under the well-established standard of review, we conclude that the State presented substantial evidence of these elements of robbery with a dangerous weapon. Hence, we affirm the majority opinion of the Court of Appeals concluding that the trial court did not err in denying defendant's motion to dismiss.

On 6 July 2009, defendant was indicted for allegedly committing robbery with a dangerous weapon on 13 May 2000 in Buncombe County. The indictment alleged that defendant took $100.00 from Kevin Cole (“Mr. Cole”) “by means of an assault consisting of having in possession and threatening the use of a sharp object, whereby the life of [Mr.] Cole was threatened and endangered.” At trial the State's theory of defendant's guilt was predicated on acting in concert, specifically that defendant had acted as a getaway driver for the man who had wielded the sharp object or knife. After the State presented its evidence, defendant moved to dismiss the charge, arguing the evidence was insufficient. The trial court denied his motion. Defendant then indicated he would not present evidence and renewed his motion to dismiss, which the court again denied. The jury convicted defendant of robbery with a dangerous weapon, and he was sentenced to an active term of 117 to 150 months of imprisonment.

Defendant appealed to the Court of Appeals and argued, inter alia, that the trial court erred by denying his motion to dismiss. The majority in the Court of Appeals determined that, viewed in the light most favorable to the State, the evidence was sufficient to survive defendant's motion to dismiss and the trial court did not err in denying the motion. State v. Hill, –––N.C.App. ––––, ––––, 706 S.E.2d 799, 803 (2011). The dissenting judge concluded that the State had failed to present “substantial evidence that a ... dangerous weapon was used” and that “a person's life was endangered or threatened” during the robbery, and consequently, “two of the three elements required for robbery with a dangerous weapon are not present.” Id. at ––––, 706 S.E.2d at 807 (Hunter, Jr., Robert N., J., dissenting). As such, the dissenter opined that the trial court should have allowed defendant's motion to dismiss and remanded his case for a new trial on common law robbery. Id. at ––––, 706 S.E.2d at 807. Defendant appealed to this Court on the basis of the dissenting opinion.

Here defendant argues that his motion to dismiss should have been allowed because the evidence was insufficient to establish that (1) the individual who directly took Mr. Cole's money used or threatened to use a dangerous weapon to do so and (2) Mr. Cole's life was threatened or endangered by the robber's possession, use, or threatened use of a dangerous weapon.

In addressing this issue we are guided by a well-established standard:

“In ruling on a motion to dismiss, the trial court need determine only whether there is substantial evidence of each essential element of the crime and that the defendant is the perpetrator.” Substantial evidence is that amount of relevant evidence necessary to persuade a rational juror to accept a conclusion.State v. Mann, 355 N.C. 294, 301, 560 S.E.2d 776, 781 (citations omitted), cert. denied, 537 U.S. 1005, 123 S.Ct. 495, 154 L.Ed.2d 403 (2002). In deciding whether substantial evidence exists:

The evidence is to be considered in the light most favorable to the State; the State is entitled to every reasonable intendment and every reasonable inference to be drawn therefrom; contradictions and discrepancies are for the jury to resolve and do not warrant dismissal; and all of the evidence actually admitted, whether competent or incompetent, which is favorable to the State is to be considered by the court in ruling on the motion.

State v. Powell, 299 N.C. 95, 99, 261 S.E.2d 114, 117 (1980) (citations omitted). The elements of robbery with a dangerous weapon are: “ ‘(1) the unlawful taking or an attempt to take personal property from the person or in the presence of another (2) by use or threatened use of a firearm or other dangerous weapon (3) whereby the life of a person is endangered or threatened.’ ” State v. Small, 328 N.C. 175, 181, 400 S.E.2d 413, 416 (1991) (citations omitted); see also N.C.G.S. § 14–87(a) (2009).

We summarize the evidence in accordance with this standard. After 9:30 p.m. on 13 May 2000, Mr. Cole and his cousin drove up to an ATM in Asheville, North Carolina. While Mr. Cole was attempting to withdraw money from the ATM, a man approached his vehicle from behind, “pointed his hand with an object in it” at Mr. Cole, grabbed Mr. Cole's arm, and told Mr. Cole “to give [him] the cash or to leave it or something like that.” At first, Mr. Cole thought it was a joke, and he grabbed the man's hand and turned to look at his face. Realizing he did not know the man, Mr. Cole tried to escape the situation by letting out the clutch of his car, which caused the vehicle to jump forward and the man's hand to slip free. The man grabbed the money from the ATM and fled on foot. Mr. Cole saw a pickup truck nearby and asked the driver if he had seen anyone, but the driver responded in the negative. Mr. Cole asked the driver to stay until police arrived, but the driver said he had an appointment and left. Mr. Cole's cousin called police to report the robbery, and while waiting for them, wrote down the truck's license plate number. Shortly thereafter, Detective Kevin Taylor (“Detective Taylor”) of the Asheville Police Department arrived at the scene.

Mr. Cole sustained a “bleeding laceration on [his] left wrist .... [f]rom the robbery.” The State introduced a photograph of the wound for “illustrative purposes,” and the photograph was published to the jury.

Robert Jones (“Mr. Jones”) testified that he was the victim of a similar robbery that also occurred at an ATM in Asheville at approximately 6:15 p.m. the same day.¹ According to Mr. Jones, while he was sitting in his car attempting to withdraw money from the ATM, a man approached, held a knife to his neck, and demanded his wallet. Mr. Jones was “able to push [the man's] arm up and let [his] car roll forward fifteen or twenty feet.” He then saw the man take the money from the ATM, run, and enter the passenger's side of “a [19] 80's model GMC .... or Chevrolet” pickup truck, which he described as “two-tone [d].” Mr. Jones chased the truck, but lost sight of it after several miles.

Detective Taylor testified that he investigated the alleged robberies of Mr. Cole and Mr. Jones. Detective Taylor stated that Mr. Jones told him that as he was trying to withdraw money from the ATM, a male “held a knife to him,” took his money, fled, and got in the passenger's side of “a...