In Re Db, 714 S.E.2d 522

D.B., a juvenile, appeals adjudications for felony breaking and entering, felony larceny pursuant to breaking and entering, and misdemeanor possession of stolen goods.
The petition for felony larceny pursuant to breaking and entering failed to allege Crossings Golf Club as a legal entity capable of owning property.
Evidence from a Terry frisk led to the discovery of a stolen RBC Centura Visa card, which the State introduced at trial.
Witness identification and juvenile Miranda-like rights were invoked; the juvenile age was 15 at the time of the incident.
The trial court adjudicated delinquency on all offenses and imposed a Level 2 disposition with probation and restitution; later appeal followed.
The court found clerical error in finding of fact three and remanded for correction; concluded one Class H felony conviction should have been dismissed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the larceny petition defective for lack of owner identity?	D.B. argues the Crossings Golf Club lacked legal ownership pleading.	State concedes the petition failed to name a legal entity owner.	Yes; petition fatally defective; adjudication for felony larceny pursuant to breaking and entering vacated.
Whether the RBC Centura Visa card obtained during a Terry frisk was admissible	The card evidence was unlawfully discovered beyond a valid Terry frisk.	State contends identification purposes justified the seizure.	No; evidence exceeded Terry scope; reversal for misdemeanor possession of stolen property.
Did clerical errors require remand to correct findings and related conclusions?	Finding of fact three misstated what the court actually found.	Clerical error does not affect the core legal conclusions.	Yes; remand to correct finding of fact three; conclusion of law two need not change.
Does the remand affect the validity of the other adjudications and disposition?	Multiple offenses adjudicated; remaining findings stand.	Restoration of proper clerical record preserves valid conclusions.	Partially; felonies and misdemeanor findings implicated by defective larceny count are addressed on remand.

State v. Phillips, 162 N.C.App. 719 (2004) (larceny requires owner in law; victim must be a legal entity)
State v. Downing, 326 S.E.2d 256 (1985) (indictment must name owner or possessor of property)
State v. Woody, 132 N.C.App. 788 (1999) (insufficient victim identity renders indictment defective)
In re M.S., 681 S.E.2d 441 (2009) (remand for defective adjudication when petition invalid)
State v. Lark, 678 S.E.2d 693 (2009) (clerical errors warrant remand for correction)
State v. Jarman, 535 S.E.2d 875 (2000) (remand when clerical error found in judgment)
State v. Shearin, 612 S.E.2d 371 (2005) (Terry search limits; admissibility of contraband found during frisk)
Hiibel v. Sixth Judicial Dist. Ct. of Nev., 542 U.S. 177 (2004) (name identification statute analysis; not a rule permitting pat-down for ID)