CB State v. Beatty - State v Beatty 495 S.E 2d 367(N.C 1998...

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State v. Beatty 495 S.E. 2d 367 (N.C. 1998) Fact: Procedural Facts: Operative Facts: Edward Beatty is charged with robbery with a dangerous weapon (30 years), felonious assault (10 years), entering (10 years), 2 counts of second degree kidnapping (15 years each). Edward and a group of men decided to rob a drive-in restaurant in Charlotte, North Carolina. They approached the owner, and put a gun to his head telling him to open the safe. Once inside, another gunmen put a gun to one of the worker’s head (Poulos), and duct tape around the other worker’s wrist (Koufaloitis). After the owner failed the first attempt of opening the safe, Edward shot him twice in the leg, and then he got the safe open. They ran away with $2,000+. Beatty Argued that the 2 second degree kidnapping did not count, because that was part of the armed robbery. Koufaloitis was not part of the amred, because the men kicked him down, and restrained him with duct tape, which exposed greater risk to him then the nature of armed robbery in it of itself. Po
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