Legal Opinion · Dissent

State v. Boyce

Court of Appeals of North Carolina

Decided February 7, 2006No. COA05-279Published

1DissentWynn, Judge

While I agree that the State satisfied its burden to prove Defendant’s prior conviction for sentencing, and that the trial court did not err in sentencing Defendant in the aggravated range, I cannot agree with the majority’s conclusion that Defendant’s act of pulling the victim back into the house was not inherent to the robbery with a dangerous weapon. I, therefore, respectfully dissent.

A defendant is guilty of the offense of second-degree kidnapping if he (1) confines, restrains, or removes from one place to another (2) a person sixteen years of age or over (3) without the person’s consent,…

2Cases cited6 opinions

  1. State v. FulcherSupreme Court of North Carolina · 1978
  2. State v. IrwinSupreme Court of North Carolina · 1981
  3. State v. PigottSupreme Court of North Carolina · 1992
  4. State v. BeattySupreme Court of North Carolina · 1998
  5. State v. AllredCourt of Appeals of North Carolina · 1998

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