STATE v. GRULLON

No. COA14-104.

770 S.E.2d 379 (2015)

STATE of North Carolina v. Franklin Marcus GRULLON, Jr., Defendant.

Court of Appeals of North Carolina.

March 17, 2015.


Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Special Deputy Attorney General Sonya Calloway-Durham , for the State.

Appellate Defender Staples S. Hughes , by Assistant Appellate Defender Paul M. Green , for defendant-appellant.


Defendant Franklin Marcus Grullon, Jr. appeals his convictions of first degree murder, attempted robbery, and conspiracy to commit armed robbery. Defendant argues primarily that the trial court erred in instructing the jury on a lying in wait theory of first degree murder because the State offered no evidence that defendant had a "deadly...

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