State v. Brown
221 N.C. App. 383
| N.C. Ct. App. | 2012Background
- White home burglary and larceny; missing wallet, money clip, and laptops after night; Brown returned with bags at ~6:00 a.m.; a laptop displayed White’s name; Brown indicted and convicted of first-degree burglary and felony larceny; sentencing as Level III offender; Defendant appeals.
- Trial court denied motion to dismiss for insufficient nighttime evidence and lack of identity; evidence viewed in State’s favor; issues preserved for appeal on sufficiency and identification.
- Court analyzed nighttime element for first-degree burglary, took judicial notice of civil twilight and distance between Mebane and Durham to infer time and travel feasibility; concluded nighttime element satisfied.
- Doctrine of recent possession used to link defendant to larceny and burglary; possession of recently stolen property within hours supported guilt; trial court properly denied the motion to dismiss.
- Challenge to jury instructions: no plain error; distinctions between burglary and felonious breaking and entering properly explained; full recent possession instruction given for burglary, not repeated for lesser charge but found not prejudicial; no reversible error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was sufficient evidence of nighttime burglary | State; nighttime proved by circumstantial evidence | Brown; nighttime not proven | No error; nighttime element supported |
| Whether defendant could be identified as perpetrator via recent possession | State; recent possession shows guilt | Brown; insufficient direct link | No error; sufficient recent possession evidence |
| Whether the jury instructions imposed plain error regarding recent possession on felonious breaking and entering | State; instructions adequate | Brown; plain error due to omission | No plain error |
Key Cases Cited
- State v. Singletary, 344 N.C. 95 (1996) (defines nighttime for burglary elements; no statutory definition)
- State v. McKeithan, 140 N.C. App. 422 (2000) (no statutory nighttime definition; common-law nighttime applied)
- State v. Saunders, 245 N.C. 338 (1957) (judicial notice of distances between towns appropriate)
- State v. Hamlet, 316 N.C. 41 (1986) (recent possession time frame substantial; circumstantial linkage)
- State v. Maines, 301 N.C. 669 (1981) (recent possession doctrine; burden to connect possession and larceny)
- State v. Odom, 307 N.C. 655 (1983) (plain error standard and prejudice considerations)