Heard in the Court of Appeals February 5, 2014.
Counsel Amended, June 3, 2014.
Wilson County. No. 12 CRS 53966. Alma L. Hinton, Judge.
Attorney General Roy Cooper, by Assistant Attorney General Ms. Deborah M. Greene, for the State.
Bowen and Berry, PLLC, by Ms. Sue Genrich Berry, for the defendant.
MCCULLOUGH, Judge. Judges Robert C. HUNTER and GEER concur.
Appeal by Defendant from judgment entered 3 May 2013
by Judge Alma L. Hinton in Wilson County Superior Court.
Alexander Scott Talbot, (" Defendant" ) was indicted on 30 December 2012 for the offense of Common Law Robbery. He was tried in Wilson County Superior Court, Judge Alma L. Hinton, presiding and on 3 May 2013 convicted of Larceny from a Person at which time he was sentenced to a minimum of eight (8) months and maximum of nineteen (19) months in the custody of the North Carolina Department of Corrections. Defendant was also ordered to pay $44.00 in restitution. On 9 May 2013, Defendant filed Notice of Appeal. After a careful review of the proceedings below we find No Error in the trial conducted in Superior Court, but vacate the sentence of restitution and remand for re-sentencing on that issue.
On 7 September 2012, Defendant's father who is the owner and operator of a business called 8 Ball Cycle Work in the Wilson area, requested that Defendant watch his shop while he ran some errands. On that date, Defendant, his girlfriend, Cassandra Setzer (" Setzer" ) and Jamy Reid (" Reid" ), a friend of Defendant who on occasion lived with Defendant, left his apartment traveling to the father's business. Along the way the trio stopped at Valvoline to pay for some repairs made to Defendant's Jeep before reaching his father's business. Defendant began to have concerns about the repairs as he heard noises coming from his Jeep, so all three proceeded to an auto parts store to buy parts. Before returning to 8 Ball Cycle, they made a stop at McDonald's. While at McDonald's Reid announced he was going to go make some money. Reid then left. After receiving a call from his father about the length of time it was taking for Defendant to arrive at his business, Defendant informed Setzer that he was going to go find Reid.
Churchwell's Jewelers, a near-by custom jewelry business was open as it was now past 10:00 a.m., its opening time, and jewelry had been placed in glass-top counter displays. The owners, Angie and Anderson Bass were present in their upstairs office over-looking the showroom while two employees, Cora Wooten and Ashley Townsand, were on the main floor. Ms. Wooten moved to the display case when Reid entered the store while Mr. Townsand, who was in the repair area, stood up and watched Reid. After Reid asked to see some rings, Ms. Wooten removed a display of rings from inside a glass case in order to show them to Reid. Shortly thereafter, Defendant entered the store. At this juncture, one of the owners, Mr. Bass, came downstairs to the showroom and Defendant asked Mr. Bass what time the restaurant located next door opened for business. When Mr. Bass replied that the restaurant opened at 5:00 p.m. Defendant began to exit the store and opened the door. At that moment Reid grabbed the ring display and ran out the open door behind Defendant. Reid ran in one direction and Defendant walked in another, until Townsand caught up with Defendant and requested he return to the store.
Reid ran back to McDonald's, got in the back seat of the Jeep, and told Setzer to drive. While doing so, she called Defendant, and learned he was being held for acting as a decoy. Once the police arrived, a lookout for the Jeep was issued and shortly thereafter Reid and Setzer were taken into custody. A consent search resulted in officers ...