State v. Canipe

ARNOLD, Judge.

The defendant first contends that the trial judge improperly considered evidence initially used to prove an element of the crime of larceny by an employee to also prove aggravating factors in violation of G.S. 15A-1340.4(a)(1), which states in part that “[e]vidence necessary to prove an element of the offense may not be used to prove any factor in aggravation, and the same item of evidence may not be used to prove more than one factor in aggravation.”

In order to prove larceny by an employee it must be proved that: (1) the defendant was an employee of the owner of the stolen…