in the Court of Appeals 14 November 2019.
by Defendant from judgment entered 11 October 2018 by Judge
Lisa C. Bell in Mecklenburg County, No. 16CRS212439 Superior
Attorney General Joshua H. Stein, by Assistant Attorney
General Barry H. Bloch, for the State.
Law Office, by Craig M. Cooley, for the Defendant.
Jervare Moquan Wise appeals from a judgment finding him
guilty of attempted robbery with a dangerous weapon. After
careful review, we conclude that the trial court committed
reversible error by not instructing the jury on the lesser
included offenses of common law robbery.
was arrested and tried by a jury for attempted robbery with a
firearm based on events that occurred at a convenience store.
evidence introduced by the State at trial tended to show as
March 2016, Defendant and another man entered a convenience
store shortly before midnight. Defendant jumped over the
counter, pointed what appeared to be a gun at the store clerk
and demanded money. When the store clerk replied that he had
already put the register's money in the safe, both men
fled the scene.
detective testified at trial that during the investigation
Defendant admitted to the attempted robbery but claimed that
the gun was actually a BB gun painted black. No gun or BB gun
was ever recovered.
the charge conference, Defendant requested jury instructions
on attempted common law robbery and simple assault, lesser
included offenses of attempted robbery with a dangerous
weapon. The trial court denied Defendant's request and
instructed the jury on the charge of attempted robbery with a
was found guilty of attempted robbery with a firearm.