STATE v. DUBOSE

No. COA10-213.

702 S.E.2d 330 (2010)

STATE of North Carolina v. Nobbie Lee DUBOSE, III.

Court of Appeals of North Carolina.

December 7, 2010.


Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Assistant Attorney General John G. Barnwell , for the State.

Glenn, Mills, Fisher & Mahoney, P.A., Durham, by Carlos E. Mahoney , for defendant-appellant.

American Civil Liberties Union of North Carolina Legal Foundation, by Andrew Lee Farris, Saxapahaw, and Katherine Lewis Parker , Raleigh; Legal Aid of North Carolina—Advocates for Children's Services, Durham, by Lewis Pitts ; North Carolina Advocates for Justice, Raleigh, by Burton Craige ; and North Carolina Prisoner Legal Services, Inc., Raleigh, by Mary S. Pollard , amici curiae.


STEELMAN, Judge.

Where the State presented substantial evidence of an agreement for defendant to discharge a firearm at an individual standing in front of the doors to an occupied gymnasium and there was a substantial likelihood that the bullets would enter or strike the building, the trial court did not err by denying defendant's motion to dismiss the charge of conspiracy to discharge a firearm into occupied property. Where the trial court made a determination pursuant...

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