Opinion

State v. Cannon

  • 254 N.C. App. 794
  • 804 S.E.2d 199
  • 2017 N.C. App. LEXIS 608
  • 2017 WL 3254478
Court
Court of Appeals of North Carolina
Filed
Aug 1, 2017
Status
Published
Author
Dietz
On the bench
Murphy, Dietz, Calabria
Cited by
4 cases
Authority
More cited than 13.4%

The opinion

DIETZ, Judge, concurring.

I agree that the trial court properly denied Cannon's motion to dismiss. In a criminal case, the trial court must deny a motion to dismiss if the State has presented substantial evidence that the defendant committed each element of the charged offense. "Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." State v. Smith , 300 N.C. 71 , 78-79, 265 S.E.2d 164 , 169 (1980).

Here, law enforcement found Cannon near his SUV in a Walmart parking lot. Cannon's SUV contained more than $1,000 worth of razors stolen from inside the Walmart. The SUV also contained separate bags containing a large number of unopened makeup packages and diet food packages. A Walmart employee testified that the makeup and diet food packages were not purchased or stolen from that Walmart.

Law enforcement asked Cannon about the stolen razors and the other goods found in his SUV. Cannon told law enforcement that he had no idea how the goods got there and that he did not have anything to do with it. He explained that he had just met Amanda Eversole and William Black when they offered to pay him $50 to drive them from Gastonia to the Walmart in Denver.

Something in this story was a lie. If Cannon had simply driven Black and Eversole from Gastonia to the Walmart in Denver-at which point Black and Eversole stole the razors without Cannon's knowledge-where did the other goods come from?

The jury, having heard Cannon's statements to the police, reasonably could have inferred that Cannon lied about taking Black and Eversole to other stores before going to Walmart because he knew Black and Eversole had stolen the makeup and diet food packages from those other stores, and Cannon did not want to implicate himself (or Black and Eversole) in those crimes, or provide law enforcement with information about where those crimes occurred.

*800 This, combined with the details discussed in the majority opinion, such as the unusual distance traveled and the decision to park far away from the Walmart (and thus far away from security cameras or potential witnesses) is sufficient for the jury to infer that Cannon knew Eversole and Black intended to steal goods from the Walmart and that he agreed to assist them by acting as their driver. Thus, the State presented relevant evidence that a "reasonable mind might accept as adequate"

*204 to support all the elements of aiding and abetting. Smith , 300 N.C. at 78 -79 , 265 S.E.2d at 169 . Accordingly, the trial court properly denied Cannon's motion to dismiss.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.