STATE v. JOHNSON

No. COA10-519.

702 S.E.2d 547 (2010)

STATE of North Carolina v. Tobias JOHNSON.

Court of Appeals of North Carolina.

December 7, 2010.


Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Assistant Attorney General David D. Lennon , for the State.

Appellate Defender Staples Hughes , by Assistant Appellate Defender Kristen L. Todd , for defendant-appellant.


STEELMAN, Judge.

Where there was insufficient evidence of an attempt by defendant to take personal property, the trial court erred in denying defendant's motion to dismiss the charge of attempted robbery with a firearm. In the absence of a predicate felony, the trial court erred in denying defendant's motion to dismiss the charge of felony entering. Where defendant and Lamont, acting in concert, fired through Ruffin's front door, defendant was properly convicted of...

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