State v. Dubose, 208 N.C. App. 406

Dubose, Ray, Johnson, and Phelps—members of Nine Trey Scarface—attended a Clayton High School basketball game where rival 85/95 Bloods were present near the gym doors.
Defendant expressed intent to kill, stating he was about to roll; a gun was retrieved from under the driver's seat and placed in the car.
In the car, the group decided who would shoot; Ray drove by the gym while defendant fired the gun twice at Hinton, who stood in front of the gym doors.
Bullets struck a brick column at the exterior of the gym; no one was injured; defendant fled and hid the gun after the shooting.
Defendant was indicted for discharging a firearm on educational property, discharging into occupied property, and conspiracy to discharge a firearm on educational property and into occupied property.
The jury convicted on three charges; the trial court later found, and the written judgments reflected, that the offenses involved criminal street gang activity under § 14-50.25, which the State later abandoned as to aggravating factor 2a.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether there was substantial evidence of conspiracy	Dubose and co‑participants formed an implied agreement to discharge a firearm into occupied property.	No clear agreement to discharge into occupied property; circumstantial evidence insufficient to prove conspiracy.	Substantial evidence of agreement to discharge into occupied property
Whether the § 14-50.25 findings were valid without notice	Findings documented criminal street gang activity as part of the judgments.	Findings were entered without defendant's notice or opportunity to be heard; improper as a substantive change.	Judgments vacated and remanded for new sentencing; findings must be made with notice

State v. Suggs, 117 N.C.App. 654 (1995) (conspiracy elements; mutual implied agreement sufficient)
State v. Rambert, 341 N.C. 173 (1995) (elements of discharging a firearm into occupied property)
State v. Canady, 191 N.C.App. 680 (2008) (definition of 'into' and surrounding circumstances)
State v. Morgan, 329 N.C. 654 (1991) (conspiracy may be shown by indirect evidence)
State v. Whiteside, 204 N.C. 710 (1933) (conspiracy evidence may be indirect and cumulative)
State v. Crumbley, 135 N.C.App. 59 (1999) (right to be present at sentencing and entering judgments)
State v. Pope, 257 N.C. 326 (1962) (presence at sentencing as a right separate from trial)
State v. Blackwell, 246 N.C. 642 (1957) (avoid constitutional ruling when resolution possible on other grounds)
State v. Muse, 219 N.C. 226 (1941) (avoid deciding constitutional questions when other grounds exist)