State v. Spellman

TIMMONS-GOODSON, Judge.

Kenneth Leon Spellman (“defendant”) appeals his conviction for robbery with a dangerous weapon, second-degree kidnapping, assault with a deadly weapon on a government official, and assault with a deadly weapon. For the reasons discussed herein, we hold that defendant received a trial free of prejudicial error, but we remand the case for resentencing.

The State’s evidence presented at trial tended to show the following: On 30 October 2000, defendant entered the Bundles of Joy children’s clothing store in Rocky Mount. Shortly after defendant entered the store, the store’s…