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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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 Procedure.

NO. COA02-422 NORTH CAROLINA COURT OF APPEALS Filed: 31 December 2002 STATE OF NORTH CAROLINA v. GERMAN ERNESTO NORIEGA Buncombe County Nos. 00 CRS 008262-65, 008268 and 008271

Appeal by defendant from judgments dated 29 March 2001 by Judge Zoro J. Guice, Jr. in Buncombe County Superior Court. in the Court of Appeals 30 December 2002. Attorney General Roy Cooper, by Special Deputy General Daniel F. McLawhorn, for the State. Attorney Heard

German Ernesto Noriega, defendant appellant, pro se. GREENE, Judge. German Ernesto Noriega (Defendant) appeals judgments dated 29 March 2001 entered consistent with a jury verdict finding him guilty of robbery with a firearm, conspiracy to commit robbery with a dangerous weapon, possession of a handgun by a felon, assault with a deadly weapon inflicting serious injury, first-degree

kidnapping, and conspiracy to commit first-degree kidnapping. At trial, the State presented evidence tending to show that, on 5 February 2000, the Advance Auto Parts store at 905 Patton Avenue in Asheville, North Carolina, had just closed for the day when two men wearing ski masks entered the store through the back

-2door. The store manager, Sean Gunn (Gunn), and an employee,

Khristopher Malay (Malay), were the only persons present in the store at that time. One of the masked men placed the barrel of a

gun to the back of Gunn's head and ordered him to get on the floor. The man struck Gunn on the back of the head two or three times with the gun. He then instructed Gunn to lock the back door. After

Gunn locked the door, the men took the keys from Gunn and dragged Gunn across the store to the safe. two men. Gunn opened the safe for the

Subsequently, the men dragged Gunn to the bathroom, tied The men took Gunn's

his hands and feet, and closed the door. wallet, truck keys, and his truck.

Malay testified Defendant identified himself and "Tony" as the robbers when Defendant dragged Malay to the women's bathroom and closed the door to a crack. Malay's fianc

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