An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Proced ure.

NO. COA04-948

NORTH CAROLINA COURT OF APPEALS

Filed: 5 April 2005

STATE OF NORTH CAROLINA

         v.                        Henderson County
                                No.     03 CRS 2147
                                    03 CRS 56185-86
WILLIAM BUTCH ROBINSON                    03 CRS 56203
                                          &nb sp;              

    Appeal by defendant from judgments entered 11 December 2003 by Judge Ronald K. Payne in Henderson County Superior Court. Heard in the Court of Appeals 4 April 2005.

    Attorney General Roy Cooper, by Assistant Attorney General John P. Scherer II, for the State.

    Allen W. Boyer for defendant-appellant.

    ELMORE, Judge.

     Defendant was found guilty of attempted first degree murder, assault with a deadly weapon with intent to kill inflicting serious injury, robbery with a dangerous weapon and conspiracy to commit robbery with a dangerous weapon. He was sentenced to a minimum term of 220 months and maximum term of 273 months for attempted first degree murder, a minimum term of 116 months and a maximum term of 149 months for assault with a deadly weapon with intent to kill inflicting serious injury, and to a minimum term of 103 to 133 months for the remaining convictions.
    The State presented evidence tending to show that on 10 October 2002, Ms. Aruna Patel, operator of the Star Motel in Henderson County, North Carolina, answered the doorbell of themotel office and saw defendant and Jason Anders standing at the door. Defendant, wearing a ski mask and holding a knife in his hand, forced his way into the office. He grabbed Ms. Patel and struck her head five or six times. As Ms. Patel attempted to reach for a telephone, defendant threw her to the floor. He held her head and cut her around the throat and neck. Defendant seized $254.00 in cash from the cash box and ran from the office.
    Ms. Patel was subsequently transported to a hospital where she underwent emergency surgery to her throat and neck. Her trachea was nearly severed in half. She was hospitalized for twelve days.
    Defendant's sole contention on appeal is that his convictions and punishment for both attempted first degree murder and assault with a deadly weapon with intent to kill inflicting serious injury violated the bar against double jeopardy. The North Carolina Supreme Court held in State v. Tirado, 358 N.C. 551, 579, 599 S.E.2d 515, 534 (2004) that attempted first degree murder and assault with a deadly weapon with intent to kill inflicting serious injury are two separate offenses and that separate conviction and punishment for both is not a violation of the constitutional prohibition against punishing a person twice for the same offense. We hold that Tirado decision is controlling and binding in this case. This assignment of error is overruled.
    No error.
    Judges BRYANT and GEER concur.
    Report per Rule 30(e).

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