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STATE v. MARSHALL

No. COA07-838.

656 S.E.2d 709 (2008)

STATE of North Carolina v. Chauncey Lee MARSHALL.

Court of Appeals of North Carolina.

February 19, 2008.

Attorney(s) appearing for the Case

Attorney General Roy A. Cooper, III, by Special Deputy Attorney General Lars F. Nance, for the State.

McCotter, Ashton & Smith, P.A., by Rudolph A. Ashton, III, and Charles K. McCotter, Jr., New Bern, for defendant.

JACKSON, Judge.

Chauncey Lee Marshall ("defendant") appeals from judgments entered upon guilty verdicts for two charges of robbery with a dangerous weapon. For the following reasons, we hold no error in part, arrest judgment in part, and remand for resentencing.

At approximately 7:30 a.m. on 11 March 2006, Nancy Henneke ("Henneke"), assistant manager of the Kangaroo Express ("the Kangaroo Express") on Piney Green Road in Onslow County, observed defendant enter...

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