State v. Dubose

STEELMAN, Judge.

Where the State presented substantial evidence of an agreement for defendant to discharge a firearm at an individual standing in front of the doors to an occupied gymnasium and there was a substantial likelihood that the bullets would enter or strike the building, the trial court did not err by denying defendant’s motion to dismiss the charge of conspiracy to discharge a firearm into occupied property. Where the trial court made a determination pursuant to N.C. Gen. Stat. § 14-50.25 that the offenses involved criminal street gang activity outside of defendant’s presence and…