State v. Payton

HUNTER, ROBERT C., Judge.

Lorenzo Payton (“defendant”) appeals from judgments entered 15 February 2008 in Mecklenburg County Superior Court subsequent to jury convictions finding him guilty of first degree burglary, two counts of robbery with a dangerous weapon, and two counts of second degree kidnapping. After careful review we find no error in part, reverse in part, and remand for resentencing.

Background

At approximately 7:00 p.m. on 19 December 2005, Jackie Mizenheimer (“Jackie”) and her daughter, Jennifer Mizenheimer (“Jennifer”), were on the top floor of Jackie’s home. The women heard a…