State v. Antoine

THOMPSON, Judge.

The issue in this case is whether the trial court erred in finding as an aggravating factor that “the defendant knowingly created a great risk of death to more than one person by means of a weapon or device which would normally be hazardous to the lives of more than one person.” We find that the trial court erred in applying this factor.

On or about 18 April 1993 the defendant entered a Circle-K convenience store located on Western Boulevard in Jacksonville, North Carolina. The defendant took several items of merchandise to the cash register, pulled out a semi-automatic handgun…