State v. Sanders
Annotate this CaseAfter a jury trial, Defendant was found guilty of robbery with a dangerous weapon. On remand, the trial court awarded sentencing points for Defendant’s two prior Tennessee misdemeanor convictions, determining the Tennessee offenses of theft of property and domestic assault to be substantially similar to the North Carolina offenses of larceny and assault on a female. The court of appeals (1) affirmed the trial court’s determination that the Tennessee offense of theft of property is substantially similar to the North Carolina offense of larceny; and (2) reversed the trial court’s determination that the Tennessee offense of domestic assault was substantially similar to the North Carolina offense of assault on a female. The Supreme Court affirmed, holding that the trial court erred in determining that the Tennessee offense of domestic assault and the North Carolina offense of assault on a female to be substantially similar without reviewing the Tennessee statute defining the offense of assault and erred in determining that the two offenses were substantially similar. Remanded.
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