State v. Flaugher, 214 N.C. App. 370

defendant Bonnie Flaugher was convicted of AWDWIKISI, robbery with a dangerous weapon, maiming without malice, and possession of a stolen motor vehicle; the State sought to admit evidence of a prior fork assault against Perry; the district attorney had dismissed that prior charge; the court admitted the fork evidence with a jury instruction restricting it to absence of accident or mistake; the defense preserved the issue for appeal post-Ray; the State presented a continuous transaction theory linking the assault, taking of wallets, and theft of Perry's truck; the trial court denied motions to dismiss and rejected defense requests for voluntary intoxication and lesser-included offenses; appeals followed challenging admissibility, sufficiency, instructions, and sentencing arguments, all culminating in a no-error affirmation by the Court of Appeals

Issue	Plaintiff's Argument	Defendant's Argument	Held
Rule 404(b) admissibility of fork assault	Flaugher argues the fork incident shows propensity and should be excluded	Flaugher contends dismissal of prior assault requires exclusion	Evidence properly admitted for absence of accident
Robbery with a dangerous weapon sufficiency	State contends continuing transaction supports robbery with DW	Flaugher argues lack of preexisting intent to steal	Court denied motion to dismiss; single continuous transaction shown
Maiming without malice—intent to maim	State asserts near-severing finger supports intent to maim	Flaugher contends no intent to maim, only to strike	Presumption of intent to maim upheld; evidence supports
Voluntary intoxication instruction	State did not argue for instruction	Flaugher seeks instruction due to intoxication	No substantial evidence of complete intoxication; no instruction required
Lesser-included offense—misdemeanor assault with a deadly weapon	State argues no basis for lesser offense	Flaugher seeks instruction if facts support non-serious injury	Court did not err in not giving misdemeanor instruction

State v. Coffey, 326 N.C. 268 (1990) (Rule 404(b) admissibility and non-propensity purposes)
State v. Ray, 364 N.C. 272 (2010) (constitutional preservation after pretrial objections)
State v. Goodwin, 186 N.C.App. 638 (2007) (prior-dismissed incidents admissible when not sole purpose propensities)
State v. Lilly, 32 N.C.App. 467 (1977) (one continuous transaction in armed robbery can support conviction)
State v. Fields, 315 N.C. 191 (1985) (timing of theft and force as single transaction)
State v. Richardson, 308 N.C. 470 (1983) (separate from property-taking when taking occurs later)
State v. Hope, 317 N.C. 302 (1986) (distinguishes separate-from-taking analysis)
State v. Powell, 299 N.C. 95 (1980) (one continuous chain of events requirement)
State v. Torain, 316 N.C. 111 (1986) (deadly weapon determination depends on use)
State v. Morgan, 156 N.C.App. 523 (2001) (broken bottle as deadly weapon per se under certain use)