in the Court of Appeals 18 April 2017.
by defendant from judgment entered 26 January 2016 by Judge
Kendra D. Hill in Superior Court, Johnston County. No. 14 CRS
Attorney General Joshua H. Stein, by Assistant Attorney
General Rajeev K. Premakumar, for the State.
Appellate Defender Glenn Gerding, by Assistant Appellate
Defender Daniel L. Spiegel, for defendant-appellant.
Eric Hendricksen ("defendant") appeals from his
conviction of robbery with a dangerous weapon. On appeal,
defendant argues that the trial court erred by imposing
punishment for robbery with a dangerous weapon where he had
previously pled guilty to two counts of misdemeanor
possession of stolen goods and the stolen goods were obtained
in the robbery. We find no error in the trial court's
of the Court
evidence showed that on the night of 28 July 2014, a masked
man armed with a gun, later identified as defendant, entered
the I-40 Supergas gas station and convenience store in
Johnston County, North Carolina. Defendant demanded money
from the clerk behind the counter, Sunny Kapoor. When Mr.
Kapoor informed defendant that the cash register was locked
and had to be opened up, defendant jumped over the counter
with a bag in one hand and a gun in the other, demanding the
money from the register. Mr. Kapoor opened the register and
defendant took the money from the register. Defendant took
approximately $1, 900.00 in cash from the register. After
taking the money, defendant then demanded lottery tickets.
The lottery ticket dispensers were locked, and defendant
forced Mr. Kapoor to open them at gunpoint. Defendant then
stuffed lottery tickets into his bag. After defendant had
taken the cash and lottery tickets, he told Mr. Kapoor to get
down and he left the store. Once outside of the store,
defendant fired his gun. After the robbery, defendant went to
an acquaintance's home and said he had "just done a
job and had a pocket full of money."
July and 31 July 2014, defendant traveled to locations in
Harnett County where he attempted to cash out lottery tickets
he acquired from the robbery. Detective Rodney Byrd of the
Johnston County Sherriff's Office was lead investigator
of the 28 July 2014 armed robbery of the I-40 Supergas in
Benson. Detective Byrd called the North Carolina Education
Lottery to provide information of the theft so the system
could track the stolen lottery tickets. On 30 July 2014,
Detective Byrd received a call from the North Carolina
Lottery informing him that a flagged lottery ticket had been
cashed at a Wilco Hess store in Harnett County. On the way to
investigate that report, Detective Byrd received another call
from the North Carolina Lottery informing him there had been
an attempt to cash a second flagged lottery ticket at a
Kangaroo store, also in Harnett County.
his investigation, Detective Byrd obtained a search warrant
for defendant's residence. In the search of the
residence, Detective Byrd found incriminating evidence, and
he seized clothing and a gun based upon his observation of
the surveillance footage from the Supergas on the night of
September 2014, arrest warrants were issued for defendant in
both Johnston and Harnett counties. Defendant was charged in
Johnston County for robbery with a dangerous weapon and
second degree kidnapping and in Harnett County with five
counts of misdemeanor possession of stolen goods, four counts
of felony attempted obtaining property by false pretenses,
and one count of felony obtaining property by false
pretenses. On 2 December 2014, a Johnston County grand jury
returned a true bill on an indictment of defendant for
robbery with a dangerous weapon and second degree kidnapping.
March 2015, defendant pled guilty in Harnett County to two
counts of misdemeanor possession of stolen goods, and Harnett
County dismissed the attempted obtaining property by false
pretenses charge. The stolen goods identified in the Harnett
County case were two lottery tickets.
was tried on the Johnston County charges in Johnston County
Superior Court on 19 January 2016. At the close of the
State's evidence, defendant moved to dismiss the charges,
and the trial court granted the dismissal of the charge of
second degree kidnapping. Defendant renewed his motion to
dismiss the robbery charge at the close of all the evidence,
but the trial court once ...