State v. FalanaÂ, 254 N.C. App. 329

Falana ran Micdina Motors and allowed Olamosu to use Copart auction accounts and register as a sales representative under Micdina.
Olamosu used Falana’s account to help Igwe purchase a 2012 Honda Pilot for $15,200; the car did not run and had an unresolved lien preventing transfer of title to Igwe.
Olamosu arranged a Copart refund for Igwe, initially to be mailed to Olamosu’s address; Falana later called Copart and asked that the refund check be sent to his address, then deposited the check into his personal account.
The State indicted Falana for felony conversion under N.C.G.S. § 14-168.1, alleging he converted proceeds of property "owned by Ezuma Igwe."
At trial Falana moved to dismiss for insufficient evidence of ownership and for variance between indictment and proof; the trial court denied the motion, and a jury convicted Falana of felony conversion.
The Court of Appeals reviewed whether the State produced substantial evidence of ownership (an essential element) and whether any variance was fatal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether State proved ownership (essential element of felony conversion)	State relied on indictment naming Igwe as owner and evidence of the refund check tied to the Pilot	Falana argued Igwe never held legal title and a lien prevented Igwe from being owner; thus ownership not proven	Reversed: insufficient evidence Igwe owned the vehicle; ownership is essential and was not established
Whether variance between indictment and evidence was fatal	State argued evidence supported conversion of proceeds related to the Pilot as charged	Falana argued the proof did not match indictment because actual victim/ownership differed from allegations	Court did not reach merits after finding failure to prove ownership; noted fatal-variance concern but vacated on ownership ground

State v. Woody, 132 N.C. App. 788 (conversion requires proof someone other than defendant owned the property)
State v. Norman, 149 N.C. App. 588 (variance occurs when indictment allegations do not conform to trial evidence)
State v. Abraham, 338 N.C. 315 (charging wrong victim constitutes fatal variance)
State v. Smith, 186 N.C. App. 57 (standard of review for denial of motion to dismiss)
State v. Marley, 227 N.C. App. 613 (substantial-evidence standard explained)