State v. Marshall

JACKSON, Judge.

Chauncey Lee Marshall (“defendant”) appeals from judgments entered upon guilty verdicts for two charges of robbery with a dangerous weapon. For the following reasons, we hold no error in part, arrest judgment in part, and remand for resentencing.

At approximately 7:30 a.m. on 11 March 2006, Nancy Henneke (“Henneke”), assistant manager of the Kangaroo Express (“the Kangaroo Express”) on Piney Green Road in Onslow County, ob served defendant enter the store. Defendant did not respond to Henneke’s greeting and instead proceeded behind the clerk’s counter. Defendant came within…