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Are there any mitigating factors to the crime? Any prior arrests / convictions for the accused? How is the evidence stacked against the accused?
The accused says the evidence of the armed robbery is this, the store camera film is blurred, the sawed off shot gun he threw away right after the robbery, says the sawed off shot gun did not work any way. The accused had a aunt who dropped him off at the store saying I am getting ready to rob this store and the aunt laughed thought he was joking, the aunt was the one who turned into the police. Prior to this armed robbery the accused was convicted of malicious wounding, cut and stabbed a man, 37 times, the state of WV gave him 5 years and he pulled about 3 years in prison was out about 2 month and went to NC and did the armed robbery.
Were there any witnesses to the robbery?
Guessing the witness would be the store clerk who was held at gun point.
Well, in North Carolina the presumption is 12 years, but can go up to 18 or more depending on the factors involved. Further, this is a habitual offender. Based upon the evidence, which seems pretty strong in favor of conviction, I'm thinking that a plea bargain would not be that different than what the court would order. I would think at least 12 years as part of the plea bargain.
I was thinking along the same lines that you are, just wanted to hear another opinion. Thank you for responding. I accept your answer.