State v. Elkins

THIGPEN, Judge.

Roy Lee Elkins (“Defendant”) appeals from judgment entered 4 December 2009 sentencing him to 107 to 138 months incarceration consistent with the jury’s guilty verdict of common law robbery and Defendant’s plea of guilty of having attained the status of an habitual felon. We find no error.

The evidence of record tends to show that on 28 January 2009 Defendant entered a Hot Spot convenience store in Asheville, North Carolina. The store cashier, William McHone (“McHone”), saw Defendant go to the restroom and remain there while McHone continued talking with a friend at the front of…