in the Court of Appeals 6 February 2018.
by defendant from judgment entered 1 February 2017 by Judge
Lisa C. Bell in Catawba County No. 16 CRS 50414 Superior
Attorney General Joshua H. Stein, by Assistant Attorney
General Teresa M. Postell, for the State.
Michael E. Casterline for defendant-appellant.
the notice prohibiting defendant's entry in all Belk
Stores was made in the ordinary course of business at or near
the time of the transaction involved and was authenticated at
trial by a witness familiar with such notices and the system
under which they are made, the document was properly
authenticated and the trial court did not err in admitting
it. Where the general license or privilege to enter a store
open to the public was specifically revoked as to defendant,
and his ban from the store was implemented and
"personally communicated" to him and no evidence
suggests it had been rescinded, defendant's entry to the
Belk store in Hickory was unlawful, and therefore, the
State's evidence was sufficient to support
defendant's conviction for felonious breaking and
January 2016, Renae Harris was on duty at her place of
employment, Belk Store #26 in Hickory, North Carolina, where
she was a loss prevention associate ("LPA"). In
that position, she monitored cameras located throughout the
store to ensure that "anybody behaving
suspiciously" did not "try to exit without
paying." Around 5:00 p.m., Harris was surveying the
camera system when she observed defendant Billy Ray Allen in
the men's shoe department. Defendant was wearing a blue
and white hat. She continued monitoring other cameras when
she noticed defendant again, this time in the menswear
department wearing a black hat. She then watched as defendant
walked to a rack of men's coats, removed his own coat,
and put on a Michael Kors coat worth $240.00. Harris observed
defendant "mak[ing] a motion that looked like he was
pulling off the tag or the SKU number that the associate
would ring at purchase . . . then [defendant] picked up his
coat and went into the fitting room."
and another LPA, Winston Faxon, proceeded to the fitting room
area while defendant was inside. Defendant exited the fitting
room a few minutes later with "[h]is jacket . . . on
over the top of [the Michael Kors] jacket." Harris
identified herself as a Belk LPA and escorted defendant back
to her office. As they were about to enter the office area,
however, defendant pushed against Harris and "ran
towards the door to try to get out of the department. He
tried to approach the doors." Defendant made it past the
point where items could be purchased, but he tripped before
he could go any further, and Faxon was able to place him in
handcuffs and take him to the office.
entered defendant's name in a Belk store database. She
found an entry for his name at Belk Store #329 in Charlotte,
along with a photograph that resembled defendant and an
address and date of birth that matched those listed on his
driver's license. The database indicated that, as of 14
November 2015, defendant had been banned from Belk stores for
a period of fifty years pursuant to a Notice of Prohibited
Entry following an encounter at the Charlotte store (the
"2015 Notice"). The notice contained a signature
under the portion acknowledging receipt by "Billy Ray
proceeded to complete another Notice of Prohibited Entry for
the 21 January 2016 incident (the "2016 Notice"),
banning defendant from Belk for a period of ninety-nine
years. Defendant, Harris, and Faxon all signed the 2016
Notice. Thereafter, defendant was arrested and charged with
"unlawfully, willfully[, ] and feloniously"
breaking and entering the Belk store and stealing property.
Defendant was then indicted for (1) felonious breaking and
entering in violation of N.C. Gen. Stat. § 14-54(a) and
(2) felonious larceny in violation of N.C. Gen. Stat. §
14-72(b)(2) and 14-72(c).
1 February 2017 Criminal Session for Catawba County,
defendant's case was tried before a jury, the Honorable
Lisa Bell, Superior Court Judge presiding. The jury found
defendant guilty of both charges-breaking and entering, and
larceny. The trial court consolidated the charges and
sentenced defendant to six to seventeen months imprisonment.
Defendant's sentence was suspended, and he was placed on
supervised probation for eighteen months. Defendant was
ordered to pay court costs and serve forty-eight hours of
community service. Defendant appeals.
appeal, defendant argues (I) the trial court erred by
admitting the 2015 Notice banning defendant from all Belk
stores without requiring proper authentication; (II) evidence
of felony breaking and entering is insufficient where
defendant entered a public area of a store during regular
business hours; and (III) his conviction should be vacated
where there is insufficient evidence that he entered the
first argues the trial court erred by admitting the 2015
Notice banning defendant from all Belk stores as a business
record without requiring proper ...