State v. Porter

STEELMAN, Judge.

Where the State offered substantial evidence to establish every element of common law robbery, the trial court did not err by denying defendant’s motion to dismiss the charge. The trial court did not err by failing to instruct the jury on the lesser included offense of misdemeanor larceny.

I. Factual and Procedural Background

The State’s evidence tended to show that on 4 October 2007, Lee Earl Pettit (Mr. Pettit) was the store manager for Rugged Warehouse on East Independence Boulevard in Charlotte. Mr. Pettit and two of his employees were unloading a delivery truck at the rear…