STATE OF NORTH CAROLINA
v. Rockingham County
No. 97 CRS 13322
RICKY DONNELL HAIRSTON
Attorney General Roy Cooper, by Special Deputy Attorney
General Elizabeth Leonard McKay, for the State.
Paul Pooley for defendant appellant.
GREENE, Judge.
Ricky Donnell Hairston (Defendant), by writ of certiorari,
appeals a judgment dated 28 July 1998 entered consistent with a
jury verdict finding Defendant guilty of felonious breaking and
entering and being a habitual felon.
On 9 March 1998, Defendant was charged with felonious breaking
and entering into the Sadler Elementary School (the school) with
the intent to commit a felony therein. Defendant was also charged
with attaining habitual felon status. The evidence at trial
revealed that, at approximately 12:41 a.m. on 19 December 1997,
Sergeant Billy King, Jr. (Sergeant King) and Deputy Chris Rice of
the Rockingham County Sheriff's Department were dispatched to theschool in response to a triggered alarm. The officers reached the
school in five to seven minutes and checked the exterior of the
building. When the school principal arrived five minutes later,
she and the officers went to the school office where the alarm
system was located.
As they approached the office, the officers and the principal
noticed a chair in front of the office door and broken glass on the
floor. The principal told Sergeant King the chair did not belong
in front of the door and neither the chair nor the glass had been
there when she left the school. Sergeant King, who heard a voice
from inside the office, drew his weapon and called out to the
person in the office. Defendant stepped out of the office with his
hands up, stating: I give up, I give up. Defendant then told the
officers there were two other people in the school.
During a search of the premises, the police found a point of
entry where a window had been pulled out and the screen removed,
allowing someone to climb inside. The window, located in the
school basement, was a two-minute walk from the school office. The
police did not find anyone else in the school. On cross-
examination, Sergeant King testified he did not know when the
window screen was removed. Also on cross-examination, the
principal testified that the computer equipment located in the
school office was not taken, moved, or disconnected. Defendant did
not present any evidence but moved the trial court to dismiss the
charges against him due to insufficiency of the evidence. The
trial court denied the motion.
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