State v. Lawrence, 210 N.C. App. 73

Defendant Lawrence aided a Florida-based group planning to rob Charlise Curtis in Fayetteville, NC, after recruitment at his home, arming with guns and collecting tools (zip ties, masks, etc.).
The plan involved intercepting Curtis outside her home, forcing entry, restraining her with zip ties, threatening to douse her with gasoline, and robbing the residence.
Two separate robbery attempts occurred on 29 and 30 August 2008, with similar aims and participants, including King and McQueen; after each failed attempt, the group fled or was deterred by neighbors and law enforcement.
Law enforcement recovered weapons and materials, and suspects were eventually arrested; Lawrence was arrested January 8, 2009, in Mississippi, following investigations and cooperation from coconspirators.
Lawrence was indicted in Hoke County on eight counts: two attempted robberies with a dangerous weapon, two attempted kidnappings, two attempted breaking and entering, and two conspiracies to commit robbery with a dangerous weapon; he was convicted on all eight counts in 2009, with some sentences ordered concurrent and others arrested.
On appeal, Lawrence challenged the sufficiency of evidence for several charges and the court’s jury instructions; the North Carolina Court of Appeals issued mixed rulings, reversing one conspiracy conviction and granting a new trial and new sentencing proceedings in part.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of attempted kidnapping evidence	State: overt act beyond preparation supports kidnapping attempt.	Lawrence: no overt act since victim was not present.	No error; substantial evidence supported overt act
Two conspiracy charges to Robbery with a dangerous weapon	State: two separate conspiracies existed.	Lawrence: only one conspiracy; double jeopardy violated.	Conspiracy formed on 29–30 Aug 2008 single overall conspiracy; 30 Aug conviction reversed
Sufficiency of attempted robbery with a dangerous weapon	State: overt acts and intent shown by plan and actions.	Lawrence: no overt act toward victim.	Sufficient evidence; convictions affirmed
Sufficiency of attempted breaking and entering	State: overt acts aimed at entering to commit robbery.	Lawrence: insufficient to show entry.	Sufficient evidence; no error in denying motion to dismiss
Jury instruction on conspiracy to commit robbery with a dangerous weapon	State: proper elements stated; no plain error.	Lawrence: instruction mis-stated elements; plain error.	Plain error; new trial granted on remaining conspiracy charge

State v. Scott, 356 N.C. 591 (2002) (substantial evidence standard for motion to dismiss)
State v. Pigott, 331 N.C. 199 (1992) (detailing kidnapping restraint must be separate from underlying felony)
State v. Irwin, 304 N.C. 93 (1981) (restraint must expose victim to greater danger than underlying felony)
State v. Ripley, 360 N.C. 333 (2006) (mere technical asportation rule in kidnapping and robbery context)
State v. Rozier, 69 N.C.App. 38 (1984) (multiple conspiracies require separate agreements; Rozier factors)
State v. Addor, 183 N.C. 687 (1922) (over acts beyond mere preparation in attempt must exist)
State v. Gell, 351 N.C. 192 (2000) (definition of criminal conspiracy)
State v. Blizzar, 169 N.C.App. 285 (2005) (standard for evaluating jury instruction errors)