Legal Opinion · Dissent

In re J.H.

Court of Appeals of North Carolina

Decided June 6, 2006No. COA05-981Published

1DissentWynn, Judge

While I agree with the majority that the State failed to present sufficient evidence of the value of the vehicle, after thoroughly reviewing the record I find no substantial evidence that Juvenile possessed the vehicle; therefore, the adjudication and disposition must be reversed. Accordingly, I respectfully dissent.

To convict a defendant of felonious possession of stolen property, the State must present substantial evidence of the following elements: "(i) possession of personal property; (ii) valued at greater than $1,000; (iii) which has been stolen; (iv) the possessor knowing or having…

2Cases cited6 opinions

  1. State v. GolphinSupreme Court of North Carolina · 2000
  2. State v. MorganSupreme Court of North Carolina · 2004
  3. State v. MalloySupreme Court of North Carolina · 1983
  4. Matter of DulaneyCourt of Appeals of North Carolina · 1985
  5. State v. LoftonCourt of Appeals of North Carolina · 1984

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