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State v. Moore

Court of Appeals of North Carolina

October 7, 2014

STATE OF NORTH CAROLINA
v.
SHAWN MOORE, Defendant

Heard in the Court of Appeals August 26, 2014.

Scotland County. No. 12 CRS 50906.

Attorney General Roy Cooper, by Assistant Attorney General Jill F. Cramer, for the State.

Parish & Cooke, by James R. Parish, for defendant-appellant.

BRYANT, Judge. Chief Judge McGEE and Judge STROUD concur.

OPINION

BRYANT, Judge.

Appeal by defendant from judgment entered 31 October 2013 by Judge Richard Brown in Scotland County Superior Court.

Page 562

Where the prior statement of a witness did not differ significantly from the witness' trial testimony, the trial court did not abuse its discretion in admitting the statement for corroborative purposes.

On 24 June 2013, defendant Shawn Moore was indicted by a Scotland County grand jury for robbery with a dangerous weapon. The matter came on for trial during the 28 October 2013 criminal session of Scotland County Superior Court, the Honorable Richard Brown, Judge presiding. At trial, the State's evidence tended to show the following.

On 15 March 2012, Sergeant Jeffrey Cooke of the Scotland County Sheriff's Office responded to an emergency call. When Sergeant Cooke arrived at the scene, he found Travis McLean lying on the ground bleeding from a foot injury. McLean told Sergeant Cooke that three men came to his house to look at some electronic equipment. The men then grabbed McLean's shotgun and shot McLean in the foot before taking McLean's cell phone and fleeing in McLean's car, a lavender-colored 1994 Cadillac Fleetwood Brougham. McLean's car was later found abandoned and seriously damaged in Marlboro, South Carolina.

At trial, McLean testified that he knew one of the three men who robbed him because his cousin once introduced the two men. This man, defendant, was known to McLean as " Mook" or " Mooky." McLean stated that defendant and two other men, later identified as Michael Liles and Ari Miles, came to McLean's house to buy a half pound of marijuana. McLean testified that because he did not have enough marijuana to sell, he texted his supplier " Scottie" to bring additional marijuana to his house.

While the men waited for the marijuana, defendant noticed McLean's shotgun in the corner of the living room and asked if he could buy it. After McLean declined to sell the shotgun, defendant then asked if he could shoot it; McLean said yes. After defendant fired the shotgun outside in the backyard, defendant asked McLean to show him McLean's car's electronics. McLean went to his car and turned it on to run the audio system.

After McLean turned on his car's audio system, he stated that he received a phone call and began to walk back towards his house. McLean testified that as he walked back towards his house, Ari Miles suddenly stepped in front of him, pointed the shotgun at him, and demanded McLean give Miles his cell phone. Miles then fired the shotgun towards McLean's feet. McLean threw his cell phone at Miles and began to run away but realized that he had been shot in the left foot and ankle and was unable to run. McLean testified that immediately after the shooting, defendant got into McLean's car and ...


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