208 N.C. App. 541
N.C. Ct. App.2010Background
- Defendant, Justin Hastings Chillo, was convicted on 28 October 2009 of breaking or entering a motor vehicle.
- Indictment alleged defendant broke into a 2007 Dodge Caravan, the personal property of D.L. Peterson Trust.
- Event occurred in the early hours of 6 December 2008; Moser accompanied defendant.
- Defendant allegedly stole a spark plug from Walmart at about 1:30 a.m. and used a blunt object to break it into pieces.
- Defendant reportedly threw the broken spark plug at the Caravan window, breaking it on a second throw; they left the scene afterward.
- Caravan was used in defendant’s employment by Stroud and was owned by D.L. Peterson Trust; vehicle appeared undisturbed after the incident.
- Grand jury indicted on 8 June 2009; jury convicted on 28 October 2009; sentence imposed six to eight months, suspended with probation for 30 months.
- On appeal, defendant challenged (1) the indictment’s validity and (2) the sufficiency of evidence establishing intent to commit larceny.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the indictment fatally defective for failing to name a legally capable victim. | State contends the trust is a legal entity capable of owning property. | Chillo argues the indictment fails to identify a valid victim. | Indictment not fatally defective; trust qualifies as victim. |
| Was there sufficient evidence of intent to commit larceny to sustain the charge? | State argues circumstantial evidence shows intent to commit larceny in the Caravan. | Evidence does not prove intent to deprive permanently; only breaking glass was shown. | No substantial evidence of intent to commit larceny; conviction reversed. |
Key Cases Cited
- State v. Turner, 8 N.C.App. 73, 173 S.E.2d 642 (1970) (municipal entity may be capable of owning property; indictment valid for owner identity)
- State v. Woody, 132 N.C.App. 788, 513 S.E.2d 801 (1999) (victim must be identified as a legal entity capable of owning property)
- State v. Benton, 275 N.C. 378, 167 S.E.2d 775 (1969) (bill of indictment must charge all essential elements)
- State v. Phillips, 162 N.C.App. 719, 592 S.E.2d 272 (2004) (indictment must identify the victim as a legal entity capable of owning property)
- State v. Wilkinson, 344 N.C. 198, 474 S.E.2d 375 (1996) (when indictment charges intent to commit a particular felony, State must prove that felonious intent)