State v. Hill

In State v. Hill, 182 N.C. App. 88, 641 S.E.2d 380 (2007), the defendant and her accomplice Ms. Leach: (1) entered the Aldi's store; (2) took merchandise without paying for it; (3) were pursued by an Aldi's employee, Ms. Wright, into the parking lot; (4) where the chase ended when the defendant shoved Ms. Wright to the ground and Ms. Leach attempted to run over her with the SUV. Id. at 94, 641 S.E.2d at 386. Our Court also stated: The assault with the SUV on Ms. Wright after being pushed to the ground by the defendant was made in an attempt to end Ms. Wright's pursuit of the merchandise taken from the Aldi's store. Even though Ms. Leach was circling in the SUV, she never left the premises of the common parking lot between the Aldi's store and the adjacent bank. Id. at 94, 641 S.E.2d at 386. Our Court held that "this evidence tended to show one continuous transaction where the use or threatened use of a dangerous weapon was so joined in time and circumstances with the taking as to be inseparable." Id. at 94, 641 S.E.2d at 386 (citing Hope, 317 N.C. at 306, 345 S.E.2d at 364). Therefore, our Court held that the trial court did not err by denying the defendant's motion to dismiss. Id. at 94, 641 S.E.2d at 386.