State v. Cole

19 Citing cases

  1. State v. Gamble

    NO. COA11-491 (N.C. Ct. App. Dec. 20, 2011)

    This Court recently addressed the issue raised by defendant in State v. Cole, 199 N.C. App. 151, 681 S.E.2d 423, disc. review denied, 363 N.C. 658, 686 S.E.2d 679 (2009). There, the defendants, "James" and "Kawamie," were tried on two counts of robbery with a dangerous weapon, two counts of first-degree kidnapping, two counts of felony assault with a deadly weapon, and one count of possession of a firearm by a felon.

  2. State v. Sears

    693 S.E.2d 281 (N.C. Ct. App. 2010)

    In the recent case of State v. Cole, this Court considered a case similar to the one at bar. See ___ N.C. App. ___, 681 S.E.2d 423, disc. review denied, 363 N.C. 658, 686 S.E.2d 678 (2009). In Cole, the defendants held the victim in her friend's home.

  3. Curry v. Young

    1:12-cv-102-RJC (W.D.N.C. Feb. 13, 2013)

    "The elements of robbery with a dangerous weapon are: (1) an unlawful taking or an attempt to take personal property from the person or in the presence of another; (2) by use or threatened use of a firearm or other dangerous weapon; (3) whereby the life of a person is endangered or threatened." State v. Cole, 199 N.C. App. 151, ____, 681 S.E.2d 423, 427 (2009) (emphasis added) (citation and quotation marks omitted). The crime of robbery with a dangerous weapon, as defined by N.C. GEN. STAT. § 14-87, includes within the definition of the crime an attempt to commit the crime; that is, the State may present evidence that defendant either completed the crime or that he attempted the crime, but either way the evidence would be sufficient that defendant may be found guilty of robbery with a dangerous weapon.

  4. State v. Stokes

    216 N.C. App. 529 (N.C. Ct. App. 2011)   Cited 10 times
    Explaining that “the determination as to whether SBM is required is to be based upon the relevant statutory language,” rather than factors not explicitly provided for in the statute

    Any contradictions or discrepancies in the evidence are for the jury to resolve, and these inconsistencies, by themselves, do not serve as grounds for dismissal. State v. Cole, 199 N.C.App. 151, 156, 681 S.E.2d 423, 427, disc. review denied, 363 N.C. 658, 686 S.E.2d 678, disc. review denied, 363 N.C. 658, 686 S.E.2d 679 (2009) (citations and quotation marks omitted.) A. Child Abuse

  5. State v. Bettis

    698 S.E.2d 507 (N.C. Ct. App. 2010)   Cited 6 times

    " The elements of robbery with a dangerous weapon are: (1) an unlawful taking or an attempt to take personal property from the person or in the presence of another; (2) by use or threatened use of a firearm or other dangerous weapon; (3) whereby the life of a person is endangered or threatened." State v. Cole, __ N.C.App. __, __, 681 S.E.2d 423, 427 (citation and quotation marks omitted), disc. review denied, 363 N.C. 658, 686 S.E.2d 678, disc. review denied, 363 N.C. 658, 686 S.E.2d 679 (2009).          A.

  6. State v. Bettis

    No. COA09-1345 (N.C. Ct. App. Sep. 1, 2010)

    "The elements of robbery with a dangerous weapon are: (1) an unlawful taking or an attempt to take personal property from the person or in the presence of another; (2) by use or threatened use of a firearm or other dangerous weapon; (3) whereby the life of a person is endangered or threatened." State v. Cole, ___ N.C. App.___, ___, 681 S.E.2d 423, 427 (citation and quotation marks omitted), disc. review denied, 363 N.C. 658, 686 S.E.2d 678, disc. review denied, 363 N.C. 658, 686 S.E.2d 679 (2009). A. Operability of Weapon

  7. State v. Curry

    692 S.E.2d 129 (N.C. Ct. App. 2010)   Cited 46 times
    Concluding defendant had waived fatal variance argument on appeal where his motion to dismiss at trial was on the grounds of insufficient evidence

    "The elements of robbery with a dangerous weapon are: (1) an unlawful taking or an attempt to take personal property from the person or in the presence of another; (2) by use or threatened use of a firearm or other dangerous weapon; (3) whereby the life of a person is endangered or threatened." State v. Cole, ___ N.C. App. ___, ___, 681 S.E.2d 423, 427 (2009) (emphasis added) (citation and quotation marks omitted). The crime of robbery with a dangerous weapon, as defined by N.C. Gen. Stat. § 14-87, includes within the definition of the crime an attempt to commit the crime; that is, the State may present evidence that defendant either completed the crime or that he attempted the crime, but either way the evidence would be sufficient that defendant may be found guilty of robbery with a dangerous weapon.

  8. State v. Hutslar

    No. COA24-14 (N.C. Ct. App. Nov. 19, 2024)

    204 N.C.App. 451, 459-60 (2010). Reviewing the trial court's ruling under the de novo standard and taking the evidence in the light most favorable to the State, State v. Cole, 199 N.C.App. 151, 156, disc. rev. denied, 363 N.C. 658 (2009), we disagree.

  9. State v. Rawson

    No. COA23-610 (N.C. Ct. App. Sep. 17, 2024)

    We review a motion to dismiss charges de novo. State v. Cole, 199 N.C.App. 151, 156, disc. rev. denied, 363 N.C. 658 (2009).

  10. State v. Tucker

    895 S.E.2d 882 (N.C. Ct. App. 2023)

    "[T]he act of kidnapping must be distinct from such a felony if the perpetrator is to be convicted of both kidnapping and the underlying felony." State v. Cole, 199 N.C. App. 151, 157, 681 S.E.2d 423, 428 (2009). N.C. Gen. Stat. § 14-39 "was not intended by the Legislature to make a restraint, which is an inherent, inevit- able feature of such other felony, also kidnapping so as to permit the conviction and punishment of the defendant for both crimes."