STATE OF NORTH CAROLINA
v. Wake County
No. 00CRS089432, 094489
MARLETTE TOOMER
Attorney General Roy A. Cooper, III, by Special Deputy
Attorney General Ted R. Williams, for the State.
Rosemary Godwin for defendant-appellant.
HUNTER, Judge.
Defendant was found guilty of felony larceny and was sentenced
as an habitual felon to a minimum term of 92 months and a maximum
term of 120 months.
The State presented evidence tending to show that on 5 October
2000, the Hudson Belk store at Crabtree Valley Mall in Raleigh
employed off-duty police officers to stop a series of larcenies in
which the thief would enter the store through an exterior exit
door, grab a pile of clothing, and immediately exit the store.
Sergeant Andrew Lull and Officer Paul Boyer maintained surveillance
of the north exit door of the store, where previous thefts had
occurred. They saw defendant exit a vehicle, walk into the store,
and come running out of the store carrying an armful of shirts. The officers apprehended defendant. They counted thirty shirts in
the pile of clothing. Each shirt had a price of fifty dollars
($50.00).
Defendant first assigns error to the admission of testimony of
an officer as to the price recorded on the tags of the shirts. He
argues the testimony was inadmissible hearsay. He acknowledges
that price tags have been held admissible under the business
records exception, but he submits an inadequate foundation was laid
because the police officer was not a store employee or custodian of
the records.
The decision which holds price tags are admissible as business
records, State v. Odom, 99 N.C. App. 265, 273, 393 S.E.2d 146, 151,
disc. review denied, 327 N.C. 640, 399 S.E.2d 332 (1990), contains
the following language:
That the price tags in this case were business
records kept in the course of a regularly
conducted business whose regular practice it
was to make such records is indisputable.
That retail stores and consumers rely on such
records is equally indisputable. Nothing
indicates the source of information or
circumstances of preparation of the price tags
in this case lacked trustworthiness. . . .
[T]hat [the witness'] knowledge was gained
from price tags themselves cannot be a bar to
its admission as evidence of value.
Id. Here, the questions to which defendant objected asked the
witness for the basis of his knowledge of the value of the shirts.
As in Odom, the fact that the witness gained his knowledge from the
price tags did not bar admission of his testimony. This assignment
of error is overruled. Defendant next contends that the court erred by denying his
motion to dismiss the charge of felonious larceny for insufficient
evidence. A motion to dismiss requires the court to determine
whether substantial evidence is presented to establish every
element of the offense charged. State v. Powell, 299 N.C. 95, 98,
261 S.E.2d 114, 117 (1980). In deciding a motion to dismiss, the
court must examine the evidence in the light most favorable to the
State and give the State the benefit of every reasonable inference
that may be drawn from the evidence. State v. Benson, 331 N.C.
537, 544, 417 S.E.2d 756, 761 (1992). Contradictions and
discrepancies in the evidence are to be disregarded and left for
resolution by the jury. Id.
Commission of the offense of felony larceny is proved when the
State produces evidence that the value of the stolen goods is more
than one thousand dollars ($1,000.00). N.C. Gen. Stat. § 14-72(a)
(1999). Defendant argues there was no competent evidence to
establish the value of the shirts as exceeding $1,000.00. He cites
evidence that at the time of trial, the shirts had a price tag of
$11.99, having been marked down from the original price of $50.00.
For the purposes of N.C. Gen. Stat. § 14-72(a), value is the
fair market value of the goods at the time of the theft. State v.
Shaw, 26 N.C. App. 154, 157, 215 S.E.2d 390, 392 (1975). The
retail price established by a merchant is evidence of fair market
value sufficient to survive a motion to dismiss. State v.
Williams, 65 N.C. App. 373, 375, 309 S.E.2d 266, 267 (1983), disc.
review denied, 310 N.C. 480, 312 S.E.2d 890 (1984). The State'sevidence shows that the thirty stolen shirts had a retail price of
$50.00 each, or a value of $1,500.00, at the time they were stolen.
Based upon this evidence, a jury could find that defendant stole
goods valued at more than $1,000.00. The court properly denied the
motion to dismiss.
No error.
Judges MARTIN and BRYANT concur.
Report per Rule 30(e).
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