State v. Szucs, 207 N.C. App. 694

Hurwitz observed a red pickup truck with engine running at her residence; a man matching defendant’s description handled electronics later identified as stolen.
A second man carried electronic equipment, dropped it, and fled; police were alerted.
Defendant owned the truck; items from Hurwitz residence found in or near the truck.
A police canine tracked a scent behind the residence; trail ended near Thermal Road with fresh mud slide marks.
Defendant was later found on Thermal Road with muddy clothing and changed money; Greenway had an electronic device in his possession.
Trial on 19 August 2009 resulted in guilty verdicts for felonious breaking or entering, felonious larceny, and felonious possession of stolen goods; defendant admitted habitual felon status.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence to prove identity and offenses	Szucs identity established by circumstantial evidence	Insufficient direct link; misidentification	Evidence sufficient to support identity and offenses
Plain error from mug shots reference	Mug shot testimony aided detection of defendant	Plain error; prejudicial	No plain error; not likely to have changed verdict
Validity of habitual felon plea	Habitual felon status admitted; valid	Failure to inform max/min sentence; invalid plea	Plea valid under totality of circumstances
Convictions for larceny and possession of stolen goods	Both offenses supported by evidence	Conte nts duplicative; one should be arrested	Arrest judgment for possession of stolen goods; remand for resentencing

State v. Stephens, 244 N.C. 380, 93 S.E.2d 431 (1956) (sufficiency review for dismissal motions; substantial evidence standard)
State v. Crawford, 344 N.C. 65, 472 S.E.2d 920 (1996) (substantial evidence sufficiency standard applied to identity)
State v. Vause, 328 N.C. 231, 400 S.E.2d 57 (1991) (sufficiency of evidence; standard for identifying defendant)
State v. Bailey, 157 N.C.App. 80, 577 S.E.2d 683 (2003) (elements of possession of stolen goods; actual/constructive possession)
State v. Phillips, 172 N.C.App. 143, 615 S.E.2d 880 (2005) (constructive possession doctrine; how possession can be established)
State v. Dow, 70 N.C.App. 82, 318 S.E.2d 883 (1984) (arrest of conviction where larceny and possession overlap)
State v. Bozeman, 115 N.C.App. 658, 446 S.E.2d 140 (1994) (Boykin-based plea validity; totality of circumstances)
State v. Williams, 133 N.C.App. 326, 515 S.E.2d 80 (1999) (failure to inform of direct consequences not invalidating plea)
State v. Cole, 343 N.C. 399, 471 S.E.2d 362 (1996) (admission of background testimony not plain error)
State v. Bellamy, 159 N.C.App. 143, 582 S.E.2d 663 (2003) (background testimony not plain error)
State v. Odom, 307 N.C. 655, 300 S.E.2d 375 (1983) (plain error review standard)
State v. Richardson, 61 N.C.App. 284, 300 S.E.2d 826 (1983) (non-ritualistic approach to evaluating plea validity)