State v. Stimpson

I respectfully disagree with the majority's decision to affirm the trial court's denial of defendant's motions to dismiss four of the five counts of conspiracy to commit robbery with a firearm. The State failed to present substantial evidence of multiple agreements between defendant and his co-conspirators as required to prove more than one conspiracy. Applying the four factors from State v. Rozier , 69 N.C. App. 38, 52, 316 S.E.2d 893, 902 (1984), the State only proved that defendant engaged in one conspiracy. Accordingly, I respectfully dissent.

I. Standard of Review

A trial court's denial of…