State v. Lennon

767 S.E.2d 150 (2014)

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Nature of the Case

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Facts

Jessica pulled her vehicle into the parking lot of her apartment complex and was approached by D. D pulled out a black handgun from his pocket, showed it to her, and told her to 'stay calm.' D made Jessica hand him her iPhone and wallet. D took her debit card and a Harris Teeter card. He told Jessica that he wanted cash, but she said she had none. He then forced her to take him into her apartment to retrieve the charger for the iPhone. Inside the apartment, D made her look for valuables in her jewelry box in order to find anything that might be worth taking. D took an MP3 player and the charger for the iPhone, then asked for the PIN number to her debit card. She wrote it on a post-it note. D made Jessica escort him out of the apartment. He told her to sit in her vehicle until she saw him leave. As he was driving away, she tried to write down the license plate number of D's vehicle. She then ran to a neighbor's house and called 911. Police arrived and tracked the iPhone to a nearby apartment complex. Jessica was taken with them where she identified the car D was driving. The license plate number was one digit off from the number written down by Jessica. The man driving the car was not the man who robbed her but that man pointed them to D. D was arrested and the iPhone was found in the bushes underneath D’s apartment. Officers also found an iPhone cord, the screen of a broken iPhone, an MP3 player, and a pistol-style BB gun. Jessica identified D and also stated that her debit card had been used 4 times at a gas station. Security footage showed the Jeep and D. D was charged with robbery with a dangerous weapon, second-degree kidnapping, and felony breaking or entering. D gave a completely different story about helping Jessica with her groceries and then just taking stuff he saw in her apartment and inside a box with tools, he found the debit card with its PIN number. D denied using a firearm or forcing Jessica to go from one location to another. D requested an instruction on larceny from the person and misdemeanor larceny as lesser included offenses of armed robbery, but the trial court refused. D was convicted and appealed.