220 N.C. App. 512
N.C. Ct. App.2012Background
- Williamson and Lemon robbed T & B Amusements in Winston-Salem on 13 June 2009, assaulting a worker with a pistol and taking cash and a radio; gun was not recovered.
- Detective Cox investigated and witnesses identified Williamson; Williamson gave a statement admitting involvement and naming Lemon as carrier of the gun and others as lookouts.
- Williamson was indicted on two counts of robbery with a dangerous weapon and one count of conspiracy; conspiracy dismissed; two robbery counts proceeded to trial.
- At trial, defense sought a common law robbery instruction and dismissal of the two robbery-with-a-weapon counts, but the court denied both; no defense evidence was presented.
- On 6 May 2009, the jury found Williamson guilty on the two robbery-with-a-weapon counts and he was sentenced to 45–63 months.
- After conviction, Williamson filed a MAR alleging New Evidence (Lemon’s statement that the gun was inoperable); MAR hearing revealed counsel did not have the State’s report timely; trial court denied MAR; record issue later affected appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by not instructing common law robbery | Williamson: evidence showed no functioning weapon; request warranted | State: no evidence of inoperable gun at trial | No error given no trial evidence of inoperable gun at the time |
| Whether the MAR denial can be reviewed without the written order | Lacking MAR order, appeal should consider MAR denial | State: record incomplete; MAR denial unreviewable without order | MAR denial review dismissed due to missing written order in record |
Key Cases Cited
- State v. Joyner, 312 N.C. 779 (N.C. 1985) (presumption that victim lives is endangered in robbery with weapon when no contrary evidence)
- State v. Frogge, 359 N.C. 228 (N.C. 2005) (controls review of MAR orders; need supported findings)