State v. Boone

EXUM, Justice.

Defendant was convicted of both felonious entry under G.S. 14-54(a) and felonious larceny. The two counts were consolidated for judgment. The Court of Appeals found no error in the larceny conviction but held that since defendant entered the store in question with the implied consent of the storekeeper, his motion to dismiss the felonious entry charge should have been granted. Pursuant to this holding, it remanded for resentencing. We agree with the Court of Appeals’ decision on the merits as to both the felonious entry and larceny charges, but we hold that under the…