IN THE MATTER OF: Forsyth County
BROOKE ASHLEY ROBINSON No. 01 J 430
Appeal by juvenile from adjudication order entered 20 March
2002 by Judge Laurie Hutchins and disposition order entered 25
April 2002 by Judge Lisa Menefee in District Court in Forsyth
County. Heard in the Court of Appeals 6 October 2003.
Attorney General Roy Cooper, by Assistant Attorney General
David G. Heeter, for the State.
Lynne Rupp, for respondent-appellant.
HUDSON, Judge.
On 11 October 2001, William Nelson was in his home looking out
his window when he saw respondent Brooke Ashley Robinson and her
sister Stephanie Robinson standing near the home of Shirley
Atkinson. Nelson's home was located in between the Robinson's home
and the Atkinson's home. Nelson testified that he saw Stephanie
enter the Atkinson's residence while respondent remained at the top
of the driveway. A minute or so later, Nelson saw the sisters
return to their own home, but five minutes later he saw Stephanie
go again to the Atkinson's residence, with a telephone in her hand.
Respondent had walked up the street in the opposite direction,
toward the entrance of the subdivision. Nelson testified that theonly way you could access that part of the development was to come
down that street. A few minutes later, Stephanie returned to her
home and met respondent in their yard. According to Nelson, both
had cordless or cell phones, and appeared to be communicating.
When Shirley Atkinson returned home, she was told by Mr.
Nelson's wife that Stephanie had entered her home. Ms. Atkinson
discovered that she was missing rolls of coins amounting to fifty
dollars. Atkinson testified that Stephanie did not have permission
to enter her home.
On 29 October 2001, a juvenile petition was filed alleging
that respondent had committed the offenses of felonious breaking
and entering and felonious larceny entering into the Atkinson's
home and stealing the rolls of coins. On 20 March 2002, the court
adjudicated respondent a delinquent juvenile for committing the
charged offenses. On 25 April 2002, the court entered a
disposition order placing respondent on probation for six months.
Respondent appeals.
Respondent's sole argument on appeal is that the evidence was
insufficient to sustain the adjudication. Specifically, respondent
argues that the evidence did not show that she ever entered the
Atkinson home, or that she encouraged or helped her sister break
into the home. Respondent contends that her mere presence near the
scene of the crime is not enough to prove her participation.
Respondent also argues that the evidence did not show that she
received any of the money that was alleged to have been stolen from
the home. After careful review of the record, briefs and contentions of
the parties, we affirm. This Court has stated:
In reviewing a challenge to the sufficiency of
evidence, it is not our duty to weigh the
evidence, but to determine whether there was
substantial evidence to support the
adjudication, viewing the evidence in the
light most favorable to the State, and giving
it the benefit of all reasonable inferences.
In re Heil, 145 N.C. App. 24, 29, 550 S.E.2d 815, 819
(2001)(citations omitted).
Here, the petition alleged that respondent was delinquent for
felonious breaking and entering and larceny in violation of G.S. .
14-54 and G.S. . 14-72. The State proceeded under the theory that
respondent acted in concert with her sister to commit the offenses
by acting as her lookout and standing by to render assistance if
necessary. Our Supreme Court has summarized the law of acting in
concert as follows:
If two persons join in a purpose to commit a
crime, each of them, if actually or
constructively present, is not only guilty as
a principal if the other commits that
particular crime, but he is also guilty of any
other crime committed by the other in
pursuance of the common purpose . . . or as a
natural or probable consequence thereof. For
purposes of the doctrine, [a] person is
constructively present during the commission
of a crime if he or she is close enough to be
able to render assistance if needed and to
encourage the actual perpetration of the
crime.
State v. Mann, 355 N.C. 294, 306, 560 S.E.2d 776, 784, cert.
denied, 537 U.S. 1005, 154 L. Ed. 2d 403 (2002) (internal citations
and quotation marks omitted). Here, the evidence presented by the
State showed that when Stephanie first entered the Atkinson home,respondent was standing at the top of the Atkinson's driveway. A
short time later, Stephanie left the residence and the two returned
home and got phones. Stephanie then went back into the Atkinson
home while respondent walked towards the entrance of the
development. Mr. Nelson testified that essentially anybody
returning to the Atkinson's home would have to pass respondent.
After Stephanie left the Atkinson's home, she and respondent met
back in their yard, and they were both talking on the phones. From
this evidence, when viewed in the light most favorable to the
State, the trial court could conclude that respondent was acting as
a lookout for Stephanie, and was ready to render assistance to her
if needed. Thus, there was sufficient evidence that respondent was
constructively present at the Atkinson's home and acted in
concert with Stephanie to commit the breaking and entering and
larceny.
Affirmed.
Judges MCGEE and GEER concur.
Report per Rule 30(e).
*** Converted from WordPerfect ***