State v. Speight, 213 N.C. App. 38

Speight was indicted on May 5, 2008 for first-degree sexual offense, second-degree kidnapping, robbery with a dangerous weapon, first-degree burglary, communicating threats, and assault with a deadly weapon.
Trial in Durham County Superior Court began July 12, 2010, stemming from an April 16, 2008 home invasion at a Durham apartment.
Victim Catherine Lamas awoke to a knife at her throat; over about 90 minutes, Speight threatened, sexually assaulted, and took money and items, then fled after a confrontation.
After arrest, Speight told Corporal Clayton, “Man, I’m a B and E guy”; DNA and fingerprint evidence linked Speight to the crime.
Jury convicted Speight on all charges; the court arrested judgment on kidnapping, dismissed habitual felon status, and sentenced Speight to consecutive terms totaling 480–585 months for sexual offense and 146–185 months for offenses including robbery and burglary.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admission of post-arrest statement admissibility	Speight argues the statement was improper character evidence.	Speight asserts it was prejudicial and should have been excluded.	Not reversible error; statement not prejudicial.
Fatally defective first-degree burglary indictment	Indictment failed to specify the felonious predicate with clarity.	Indictment insufficient under § 15A-924(a)(5).	Indictment sufficient; Worsley controls.
Robbery with a dangerous weapon sufficiency	State failed to prove taking with a knife from the victim’s person in presence.	Insufficient substantial evidence.	Substantial evidence supported conviction.
Right to jury instruction on common law robbery	Trial court should have instructed on lesser included offense.	Evidence supported a lesser offense.	No error; evidence supported only the greater offense.
Right to jury instruction on second-degree sexual offense	Second-degree offense theory should be charged as lesser included.	Occurring acts showed use of a deadly weapon; no lesser offense supported.	No error; no evidence to support second-degree sexual offense.

State v. Worsley, 336 N.C. 268 (1994) (indictment sufficient under § 15A-924(a)(5))
State v. Freeman, 314 N.C. 432 (1985) (indictment informs defendant of charge and how to defend)
State v. Jordan, 305 N.C. 274 (1982) (disjunctive intent in burglary not fatal to conviction)
State v. Beaty, 306 N.C. 491 (1982) (robbery with a dangerous weapon; force as main element)
State v. Coats, 301 N.C. 216 (1980) (difference between armed and common law robbery)
State v. Peacock, 313 N.C. 554 (1985) (standard for instructing on lesser included offenses)