State v. Wilson, COA24-27, ___ N.C. App. ___ (Dec. 3, 2024)

In this Rutherford County case, defendant appealed her convictions for three counts of larceny of a firearm and one count of larceny after breaking or entering, arguing error in denying her motion to dismiss the larceny of a firearm charges under the single-taking rule. The Court of Appeals agreed, reversing the three counts of larceny of a firearm, vacating and remanding for resentencing.

Defendant and two acquaintances stole several items, including three firearms, from a nearby property in 2019. While being interviewed by detectives, defendant said that the three made two trips to the property to take items; the detectives found many of the stolen goods on defendant’s porch, but the firearms were never recovered. Defendant moved to dismiss the charges at trial but the trial court denied the motion.

The Court of Appeals first explained “[i]t is the State’s burden to present evidence that the stolen items were taken as part of multiple acts or transactions in order to support multiple convictions.” Slip Op. at 8. Absent this evidence, the single-taking rule “prevents a defendant from being . . . convicted multiple times for a single continuous act or transaction.” Id. (quoting State v. White, 289 N.C. App. 93 (2023)). Here the State’s evidence did not show multiple acts or transactions, meaning defendant “could only properly be convicted of and sentenced for one larceny offense.” Id. at 9.