State v. BradsherÂ, 255 N.C. App. 625

Erica Deanna Bradsher was convicted by a jury of misdemeanor larceny and injury to personal property (damage > $200) after moving appliances from a rental (old house) she was being evicted from to a new residence that initially lacked appliances. She said she intended to return them before the eviction date.
Eviction process papers were served 14 Jan 2013; vacate date was 2 Feb 2013. The appliances were moved on or about 22 Jan 2013; police intervened 29 Jan 2013 and released the property to the landlord that night.
Evidence in the reconstructed narrative: landlord testified appliances were missing and described dents/scratches but admitted damage could have occurred during moving; officer observed appliances at the new house and reported no stove damage; defendant testified she had permission to move in early, had power cut at old house, moved appliances temporarily, and planned to return them.
No verbatim trial transcript was available because the court reporter failed to produce it; parties stipulated to a reconstructed narrative for appellate review.
On appeal defendant argued (1) lack of transcript prejudiced her appellate rights and (2) the trial court erred in denying motions to dismiss both counts; the State conceded larceny was unsupported and the court analyzed sufficiency of the injury-to-property charge.

Issue	State's Argument	Bradsher's Argument	Held
Whether absence of verbatim transcript required new trial	Alternatives (narration) supplied sufficient record; no specific prejudice shown	Missing transcript denied effective appellate review and counsel, violating due process/equal protection	No new trial; parties stipulated to narration which was adequate for review
Whether larceny conviction should stand where defendant lawfully possessed the property as tenant	Sought to convict for removal after eviction notice	Defendant lawfully possessed appliances while tenancy lasted and intended to return them	Larceny conviction vacated; State conceded error because tenant had lawful possession
Whether evidence supported "wantonly and willfully" element of injury to personal property	Argued damage could be inferred from moving and removal of refrigerator door	Defendant argued damage was accidental or caused by others who assisted moving; no intent to damage	Evidence insufficient to prove wanton/willful intent; conviction vacated
Whether State proved defendant was the person who inflicted the damage and that damage exceeded $200	Asserted inferences from handling/moving supported identity and amount	Defendant pointed to helpers (friends, father) and lack of proof tying her to damage or valuation	State failed to prove defendant inflicted damage; court did not reach valuation because element of identity was not satisfied

State v. Quick, 179 N.C. App. 647 (discusses prejudice standard when transcript is unavailable and use of narrated record)
State v. Lawrence, 352 N.C. 1 (availability of alternatives to verbatim transcript can avoid prejudice)
State v. Bailey, 25 N.C. App. 412 (tenant in lawful possession cannot be convicted of larceny for removing fixtures from leased premises)
State v. Brackett, 306 N.C. 138 (defines "willful" and "wanton" in context of property injury and intent requirement)
State v. Fritsch, 351 N.C. 373 (standard for reviewing denial of motion to dismiss; substantial evidence test)
State v. Earnhardt, 307 N.C. 62 (evidence-sufficiency principles and requirement to view evidence favorable to the State)