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Tag Archives: larceny

Criminal Practice Larceny from the Person – Purse from Shopping Cart – Goods Worth More Than $1,000 – Sentencing (access required)

State v. Sheppard : The state’s evidence showed that the victim’s shopping cart and purse were “right beside” her within a “hand’s reach away,” and, as the victim was looking at a jar of pickles, she noticed someone walk by out of the corner of her eye, immediately glanced down into her shopping cart, and realized her purse was gone.

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Criminal Practice – Larceny – Appeals – Unpreserved Issues – Ineffective Assistance Claim (access required)

State v. Hester Where defendant asserts plain error in the admission of evidence but does not argue prejudice, he has waived appellate review. Defendant also failed to preserve the issue of a fatal variance between the indictment and the evidence. Although he made a general motion to dismiss at the close of the state’s evidence, he did not specifically raise the question of a variance. He also failed to renew his motion to dismiss at the close of all evidence.

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Criminal Practice – Conspiracy – Jury Instructions – Disjunctive – Breaking & Entering or Larceny (access required)

State v. Sergakis The trial court instructed the jury that it could convict defendant on the charge of conspiracy by finding that defendant agreed to commit felony breaking and entering – a crime with which defendant was charged – or that he agreed to commit felony larceny – a crime with which he was not charged. This instruction permitted the jury to convict defendant of a crime not charged in the indictment.

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Criminal Practice – Larceny – Evidence – Surveillance Tape – Authentication — Sentencing (access required)

State v. Cook Where facilities manager James McDonald described his office’s surveillance machine as “a live streaming recording device that sends the image back to a server that records,” and where Mr. McDonald testified that he viewed the surveillance video immediately following the incident and that the footage presented in court was the same as what he viewed just after the theft, the trial court did not abuse its discretion by admitting the surveillance video. We find no error in defendant’s conviction of felonious breaking or entering, larceny after breaking or entering, and attaining habitual felon status. However, we remand for resentencing.

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Criminal Practice – Indictment Amendment – Larceny – Owner’s Identity (access required)

State v. Abbott The larceny indictment against defendant originally alleged that he had stolen tools from a corporation. When the trial court allowed the state to amend the indictment to allege that the tools were stolen from an individual, this was a substantial amendment; as such, the amendment was prohibited by G.S. § 15A-923(e). We vacate defendant’s conviction of larceny by employee.

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Criminal Practice – Acting in Concert – Crime Scene – Flight from Police – Breaking & Entering – Larceny (access required)

State v. Bowden The only evidence that could link defendant to the break-in at the victims’ home was (1) his presence in the back yard of the home just after an unknown man was seen carrying stolen property in the area and (2) his flight from the crime scene when he saw police officers; therefore, the trial court correctly granted defendant’s motion to dismiss. Affirmed.

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