State v. Goodson

ELMORE, Judge.

David Goodson’s (defendant) appeal from his conviction for safe-cracking and being an habitual felon raises the issue of whether a locked desk is a safe within the meaning of N.C. Gen. Stat. § 14-89.1. Since we cannot agree with the trial court that a locked desk compartment falls within the legislative intent for specifically punishing the act of attempting to break into a safe, we must reverse.

Complainants, Kim Purser and Charlene Lassiter, are co-owners of the Island Cove Convenience Store (the Store) in Atlantic Beach, North Carolina. At about 2:40 p.m. on 27 May 2004, Ms.…