State v. Hill, 365 N.C. 273

Defendant Hill was indicted for robbery with a dangerous weapon arising from a May 13, 2000, ATM robbery in Buncombe County, where Cole allegedly had money taken by assault with a sharp object.
The State alleged Hill acted in concert as the getaway driver for the man wielding the weapon.
At trial, the State argued the robbery involved a dangerous weapon and threatened life; Hill moved to dismiss; the trial court denied the motions.
The jury convicted Hill of robbery with a dangerous weapon and he received an active sentence of 117 to 150 months.
On direct appeal, the Court of Appeals affirmed, while a dissenter argued the State failed to prove two essential elements.
Key testimonial and documentary evidence included Cole’s knife-robbery account, Cole’s facial injury, Jones’s earlier ATM robbery with a knife, and police investigation linking Hill to the truck involved.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether substantial evidence shows a dangerous weapon was used	Hill (State) asserts evidence shows a knife used against Cole.	Hill contends no weapon was proven to be used against Cole.	Yes; substantial evidence supports weapon use.
Whether substantial evidence shows Cole's life was endangered or threatened	State contends knife possession and injury show endangerment.	Hill contends lack of specifics on object id and threat negates endangerment.	Yes; evidence suffices to show endangerment.

State v. Mann, 355 N.C. 294 (N.C. 2002) (standard for reviewing motions to dismiss; substantial evidence)
State v. Powell, 299 N.C. 95 (N.C. 1980) (consider all admissible evidence favorable to State on dismissal)
State v. Small, 328 N.C. 175 (N.C. 1991) (elements of robbery with a dangerous weapon)
State v. Jones, 342 N.C. 523 (N.C. 1996) (evidence admissibility and consideration in dismissal rulings)
State v. Joyner, 295 N.C. 55 (N.C. 1978) (victim need not be afraid; danger to life is the key)