in the Court of Appeals 19 April 2017.
by defendant from judgment entered 29 June 2016 by Judge Jay
D. Hockenbury in New Hanover County Superior Court
Attorney General Joshua H. Stein, by Assistant Attorney
General Regina T. Cucurullo, for the State.
William D. Spence for defendant-appellant.
Hanover County jury found Micah Paul Rogers
("Defendant") guilty of larceny of a firearm on
June 29, 2016. Defendant appeals, asserting that the trial
court erred in denying his motion to dismiss for insufficient
evidence. We disagree.
& Procedural Background
August 19, 2015, Bianca Justafort ("Justafort")
invited her boyfriend, Zachary Weber ("Weber"), and
Defendant over to the home she resided in with Sue Marie
Sachs ("Sachs"). Throughout the day, Justafort,
Weber, and Defendant consumed alcohol, and Defendant made
several remarks about the loaded pistol that he always
carried with him. Around 9:00 p.m., Defendant passed out on
Sachs' couch with the loaded pistol in his pants.
in the day, Sachs repeatedly asked Justafort and Weber to
ensure that Defendant did not keep a loaded pistol in her
house. In response to Sachs' request, Weber took the
loaded pistol from Defendant while he was passed out and
placed it in a cabinet. Sachs subsequently took the pistol,
removed the bullets, and placed the pistol in a camper she
had parked in the yard.
woke up at approximately midnight and began searching for his
pistol. Sachs told Defendant that his pistol was not in her
home and that he needed to leave. Instead of leaving,
Defendant continued searching for his pistol in Sachs'
home and in his vehicle. Defendant began arguing with Sachs
near the front gate of her home, and the verbal confrontation
became physical. Defendant shoved Sachs to the ground and
began yelling that he knew she had taken his pistol.
retaliation, Sachs went back into her home and retrieved her
own pistol. She removed the clip before going back outside to
confront Defendant and again demanded that he leave her
property. Justafort and Weber did not know Sachs' pistol
was unloaded and worried that Sachs would shoot Defendant.
The two pushed Sachs, causing her to lose balance, at which
time Defendant grabbed the unloaded pistol from Sachs'
hands and fled the scene.
same night, Sachs called 911 to report her firearm stolen.
Officers with the Wilmington Police Department apprehended
Defendant a few blocks from Sachs' home during the early
morning hours of August 20, 2015. Officers searched his
vehicle and discovered Sachs' pistol inside a latched
spare tire well, covered by Defendant's personal effects.
Police arrested Defendant for larceny of a firearm. When
informed that he was being arrested for stealing Sachs'
pistol, Defendant responded, "Whoa, whoa, whoa, whoa,
what firearm? What gun? What gun?"
from this evidence that the jury convicted Defendant of
larceny of a firearm. Defendant filed timely notice of