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State v. Ellis

Court of Appeals of North Carolina

October 7, 2014

STATE OF NORTH CAROLINA
v.
DWAYNE ANTHONY ELLIS, Defendant

Heard in the Court of Appeals September 11, 2014

Editorial Note:

This Decision is not final until expiration of the twenty-one day rehearing period. [North Carolina Rules of Appellate Procedure 32(b)]

Wake County. Nos. 11 CRS 210130, 11 CRS 211154.

Attorney General Roy Cooper, by Assistant Attorney General Joseph E. Elder, for the State.

Appellate Defender Staples Hughes, by Assistant Appellate Defender James R. Grant, for defendant-appellant.

GEER, Judge. Judges STEELMAN and DIETZ concur.

OPINION

GEER, Judge.

Appeal by defendant fro judgments entered 2 August 2013 by Judge W. Osmond Smith in Wake County Superior Court. Heard in the Court of Appeals 11 September 2014.

Defendant Dwayne Anthony Ellis appeals from his convictions of felony larceny, injury to personal property, first degree trespass, and possession of stolen property. Defendant's sole argument on appeal is that the information charging defendant with injury to personal property was fatally defective because it failed to allege that the owners of the injured property -- " North Carolina State University (NCSU) and NCSU High Voltage Distribution" -- are legal entities capable of owning property. Under

State v. Campbell, N.C.App., 759 S.E.2d 380 (2014), when an indictment alleges that the property at issue has multiple owners, the indictment must also show that each owner is capable of owning property. Because the information fails to allege with respect to the charge of injury to personal property that " NCSU High Voltage Distribution" is a legal entity capable of owning property, the information is fatally flawed. Accordingly, we vacate defendant's injury to personal property conviction and remand for resentencing on defendant's remaining convictions.

Facts

The State's evidence tended to show the following facts. On 23 April 2011 at around 4:30 a.m., Sergeant Ian Kendrick of the North Carolina State University (" NCSU" ) Police initiated a traffic stop of a Chrysler ...


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