State v. McNeil

CALABRIA, Judge.

Jerry Junior McNeil (“defendant”) appeals judgments entered upon jury verdicts finding him guilty of felonious breaking or entering, felonious larceny, and possession of a firearm by a felon. We arrest judgment for defendant’s conviction for felonious larceny, find no error in defendant’s convictions for felonious breaking or entering and possession of a firearm by a felon, and vacate the trial court’s judgment requiring defendant to pay restitution and remand for redetermination.

I. BACKGROUND

At 11:00 a.m. on 29 November 2007, Katrina Carroll (“Carroll”) heard “loud banging…