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STATE v. GAITHER

No. COA00-1536.

559 S.E.2d 212 (2002)

STATE of North Carolina v. Ronald Jeffery GAITHER.

Court of Appeals of North Carolina.

February 5, 2002.

Attorney(s) appearing for the Case

Attorney General Roy A. Cooper, III, by Assistant Attorney General V. Lori Fuller, Raleigh, for the State.

Lisa Andrew Dubs, Hickory, for defendant-appellant.

HUNTER, Judge.

I. Facts

The evidence presented at trial tended to establish the following facts. On 23 November 1999, at approximately 8:00 p.m., Debra Mays ("Mays") drove to a Chinese food restaurant and entered the restaurant with her three-year-old daughter. Mays was carrying between $900.00 and $1,100.00 because she had intended to purchase a car that day. Donna Wilson Outen and her husband and their daughter were sitting in the restaurant having dinner...

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