in the Court of Appeals 27 November 2018.
by Defendant from judgments entered 15 February 2017 by Judge
David L. Hall in Guilford County Nos. 16CRS085458-61,
16CRS085469 Superior Court.
Attorney General Joshua H. Stein, by Assistant Attorney
General Christine Wright, for the State.
William D. Spence for the Defendant.
Darieus Andrew Jeune appeals judgments against him for robbery
with a dangerous weapon and other crimes based on a robbery
which occurred at a shopping mall. Defendant argues that the
trial court erred in denying his motion to suppress evidence
because the pre-trial identification was impermissibly
suggestive. We disagree and conclude that Defendant had a
fair trial, free from prejudicial error.
September 2016, three victims were robbed in the Four Seasons
Mall parking lot in Greensboro by three assailants. Defendant
was apprehended and identified by the victims as one of the
assailants of the robbery. Defendant was indicted on robbery
with a dangerous weapon and other charges.
February 2017, Defendant filed a motion to suppress the
show-up identification made by the three victims. In open
court, the trial court denied Defendant's motion to
suppress and made findings of fact and conclusions of law
from the bench.
was found guilty of all charges by a jury and was sentenced
in the presumptive range for each charge, to be served
consecutively. Defendant gave oral notice of appeal in open
appeal, Defendant argues that the trial court erred in
denying his Motion to Suppress Evidence. More specifically,
Defendant argues that the show-up identification should have
Standard of Review
review the trial court's denial of Defendant's motion
to suppress for whether "competent evidence supports the
trial court's findings of fact and whether the findings
of fact support the conclusions of law." State v.
Biber, 365 N.C. 162, 167- 68, 712 S.E.2d 874, 878
(2011). Findings of fact are "conclusive and binding . .
. when supported by competent evidence," while
conclusions of ...