236 N.C. App. 602
N.C. Ct. App.2014Background
- On April 23, 2011 police stopped a vehicle from a lot near an NCSU electrical substation and found rolls of copper wire later determined to have been cut from a fenced substation area. The cut wire was unusable at the substation.
- Defendant was indicted (and later waived indictment for informations) on felony larceny, misdemeanor injury to personal property, and first-degree trespass (11 CRS 210130), and separately for possession of stolen goods (11 CRS 211154).
- The informations alleged the copper wire was the personal property of “North Carolina State University (NCSU) and NCSU High Voltage Distribution.”
- A jury convicted defendant of felony larceny, misdemeanor injury to personal property, first-degree trespass (11 CRS 210130), and misdemeanor possession of stolen goods (11 CRS 211154). The trial court consolidated the 11 CRS 210130 convictions and imposed a sentence; a consecutive sentence followed for the other file.
- On appeal defendant argued the information for injury to personal property was fatally defective because it failed to allege that both named owners (specifically “NCSU High Voltage Distribution”) are legal entities capable of owning property. The Court of Appeals agreed as to that count.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the information sufficiently alleged ownership for injury to personal property where two owners were named | State: NCSU and NCSU High Voltage Distribution are alleged owners; NCSU is plainly a legal entity capable of owning property | Ellis: The information is fatally defective because it fails to allege that “NCSU High Voltage Distribution” is a legal entity capable of owning property | The information was fatally defective as to the injury-to-personal-property count because it did not allege that one of the named owners (NCSU High Voltage Distribution) is a legal entity capable of owning property; conviction vacated for that count |
Key Cases Cited
- State v. Price, 170 N.C. App. 672 (2005) (an indictment must allege the owner or person in lawful possession; if nonnatural entity is named, must allege it can own property)
- State v. Turner, 8 N.C. App. 73 (1970) (court may take judicial notice that a municipal corporation is a legal entity capable of owning property)
- State v. Downing, 313 N.C. 164 (1985) (larceny indictment must allege the owner or person in lawful possession)
- State v. Phillips, 162 N.C. App. 719 (2004) (if entity named is not a person, indictment must allege it is a legal entity capable of owning property)
- State v. Wortham, 318 N.C. 669 (1987) (when vacating one of multiple consolidated convictions, remand for resentencing on remaining convictions)