State v. Roddey

• Decision Date: 06 July 1993
• Docket Number: No. 9226SC513,9226SC513
• Citation: 110 N.C.App. 810,431 S.E.2d 245
• Parties: STATE of North Carolina v. Mark Masterson RODDEY, Defendant.
• Court: North Carolina Court of Appeals

Page 245

431 S.E.2d 245

110 N.C.App. 810

STATE of North Carolina v. Mark Masterson RODDEY, Defendant.

No. 9226SC513.

Court of Appeals of North Carolina.

July 6, 1993.

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Edwin B. Hatch and Associate Atty. Gen. Lisa Bland Mould, Raleigh, for the State.

Raymond A. Warren, P.A. by Raymond A. Warren, Charlotte, for defendant.

LEWIS, Judge.

Defendant was indicted and convicted of robbery with a dangerous weapon. The evidence presented at trial tended to show that during the early morning hours of 8 April 1991, the Charlotte Police Department received a call that two black males were chasing a white male in the area of Beatties Ford Road. When they arrived on the scene, officers observed defendant and another individual walking along the side of the road, at which time the officers stopped to investigate the report. While questioning defendant and his companion the officers observed what appeared to be a weapon on defendant's companion and began a routine pat down search. During the search a gun concealed on defendant's companion discharged and injured one of the officers. The officers then arrested defendant's companion for carrying a concealed weapon but they did not charge defendant. While the officers continued to question the two men, Garth Hall stumbled out of the bushes in an inebriated state claiming that defendant and his companion had robbed him earlier that evening. Initially the officers did not believe Mr. Hall, but after further questioning they deemed him credible and took defendant and his companion into custody for robbery with a dangerous weapon.

At trial, Mr. Hall was the only eyewitness who testified against defendant, and for this reason defendant in his first assignment of error has challenged the sufficiency of the evidence against him. At the appropriate stages during the trial, defendant made motions to dismiss, for a directed verdict and for entry of a judgment of not guilty. All were denied and defendant contends that the denial of these motions was improper because the evidence was "inadequate, contradictory, not credible and insufficient as a matter of law." Although we agree that several inconsistencies exist in the State's case, we do not believe that the trial court committed error in denying defendant's motions regarding the sufficiency of the evidence.

"In testing the sufficiency of the evidence to sustain a conviction, a motion for dismissal pursuant to G.S. 15A-1227 is identical to a motion as in the case of nonsuit under G.S. 15-173." State v. Powell, 299 N.C. 95, 98, 261 S.E.2d 114, 117 (1980). Thus, since all of defendant's motions have challenged the sufficiency of the evidence, the same standard will be applied in determining the appropriateness of the trial court's rulings. In ruling on a motion to dismiss based on the insufficiency of the evidence, the trial court must determine whether there is substantial evidence of each element of the crime charged and that defendant was the perpetrator. State v. Bates, 309 N.C. 528, 533, 308 S.E.2d 258, 262 (1983). Substantial evidence has been defined as the amount of relevant evidence a reasonable mind might accept as adequate to support a conclusion. State v. Cox, 303 N.C. 75, 87, 277 S.E.2d 376, 384 (1981). In determining whether substantial evidence exists

the trial court must view the evidence in the light most favorable to the State, giving the State the benefit of every reasonable inference to be drawn from it.... If there is substantial evidence--whether direct, circumstantial, or both--to support a finding that the offense charged has been committed and that the defendant committed it, the case is for the jury and the motion to dismiss should be denied.

State v. Small, 328 N.C. 175, 180, 400 S.E.2d 413, 415-16 (1991). In addition, the defendant's evidence is not to be considered unless it is favorable to the State. Id. at 180, 400 S.E.2d at 416.

Defendant was indicted pursuant to N.C.G.S. 14-87 for robbery with a dangerous weapon. With the above-stated standard in mind, we have undertaken an examination of the elements of robbery with a dangerous weapon to determine whether substantial evidence existed. The offense described in N.C.G.S. § 14-87(a) as robbery with a dangerous weapon is more commonly known as armed robbery. See State v. Thomas, 85 N.C.App. 319, 354 S.E.2d 891 (1987). In fact, it is the presence of a firearm or a dangerous weapon which distinguishes armed robbery from common law robbery. State v. Smallwood, 78 N.C.App. 365, 337 S.E.2d 143 (1985). The elements of armed robbery include: (1) an 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 and (3) whereby the life of a person is endangered or threatened. Small, 328 N.C. at 181, 400 S.E.2d at 416.

The essence of defendant's argument is that since there was no physical evidence of the armed robbery and since Mr. Hall repeatedly contradicted himself, it was impossible for substantial evidence to have existed. We do not agree and hold that substantial evidence did exist in the record to support the trial court's submission of the case to the jury. The fact that no physical evidence was found does not automatically preclude the existence of substantial evidence, it only means that the credibility of Mr. Hall was at a premium in establishing the existence of substantial evidence.

Mr. Hall testified that on the night in question he was chased by two black men and that he hid in some bushes to escape. Mr. Hall further testified that the one with the gun ran past his hiding place, but that the second man stopped and pulled him from the bushes. The man with the gun then returned and demanded all of Mr. Hall's money while defendant searched Mr. Hall's pockets. At trial Mr. Hall positively identified the defendant and his companion as the individuals who had robbed him. Mr. Hall also stated that he observed defendant and his companion after they robbed him until they were stopped by the police and gave an adequate description of defendant to the police. Most important, however, was the fact that Mr. Hall immediately identified defendant to the arresting officers as the one who had robbed him.

Mr. Hall's testimony was clearly adequate to present substantial evidence that defendant was the perpetrator of the crime charged. Although the amount is disputed, Mr. Hall's testimony also provides substantial evidence that defendant took money from Mr. Hall. The use of a firearm does not appear to be in dispute as the police found a rifle in the possession of defendant's companion and Mr. Hall testified that one of his pursuers had a gun and aimed it at him during the robbery. The fact that the gun was found in the possession of defendant's companion does not alter our holding because all persons who aid or abet and are present at the scene of the crime are equally guilty. State v. Dowd, 28 N.C.App. 32, 220 S.E.2d 393 (1975). Thus the only remaining element is whether Mr. Hall's life was endangered...