210 N.C. App. 697
N.C. Ct. App.2011Background
- In November 2004, Wright, Bishop, and Thompson planned to assault Garnett during a home invasion.
- The trio intended to kick in Garnett's door and then attack him, with Wright initially resistant but pressured by others.
- At Garnett's apartment, they retrieved guns, wore gloves, and Wright opened the storm door and kicked it twice before panicking and fleeing.
- Gunshots were heard from inside; Bishop and Thompson returned saying they had him.
- Garnett was shot multiple times; his dog was killed by stray bullets and Judd called 911.
- Wright was retried in 2009 on counts of first-degree burglary and assault with a deadly weapon, convicted on both, and sentenced to 116–149 months.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether withdrawal instruction was properly denied | Wright contends withdrawal was evidenced. | Wright claims renunciation occurred and not participating further. | Trial court correctly denied withdrawal instruction. |
| Whether the first-degree burglary instruction contained plain error | State argues no error; instruction sufficient. | Wright argues failure to include not-guilty mandate constitutes plain error. | No plain error; issue waived or not reversible. |
Key Cases Cited
- State v. Erlewine, 328 N.C. 626 (1991) (joint liability and common purpose; withdrawal principles)
- State v. Spears, 268 N.C. 303 (1966) (withdrawal requires outward renunciation)
- State v. Wilson, 354 N.C. 493 (2001) (withdrawal must be outward; not silent)
- State v. Millsaps, 356 N.C. 556 (2002) (partial disavowal of withdrawal rule)
- State v. Rose, 323 N.C. 455 (1988) (instruction must be supported by evidence)
- State v. Conner, 345 N.C. 319 (1997) (defining correct jury instruction standard)
- State v. Odom, 307 N.C. 655 (1983) (plain error standard)
- State v. McHone, 174 N.C.App. 289 (2005) (not-guilty mandate and verdict sheet relevance)
- State v. Maready, 362 N.C. 614 (2008) (plain error framework)
- State v. Keel, 333 N.C. 52 (1992) (Rule 10(b)(2) preservation considerations)
- State v. Goss, 361 N.C. 610 (2007) (Rule 10(b)(2) preservation upon plain error)