Dulaney, Matter of
| Decision Date | 07 May 1985 |
| Docket Number | No. 841DC717,841DC717 |
| Parties | In the Matter of Sarah Ann DULANEY. |
| Court | North Carolina Court of Appeals |
Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen., David Gordon, Raleigh, for the State.
White, Hall, Mullen, Brumsey & Small by G. Elvin Small, III, Elizabeth City, for juvenile-appellant.
The juvenile contends the court erred in denying her motions to dismiss. We agree.
The essential elements of felonious possession of stolen property are: (1) possession of personal property, (2) valued at more than $400.00, (3) which has been stolen, (4) the possessor knowing or having reasonable grounds to believe the property was stolen, and (5) the possessor acting with a dishonest purpose. G.S. 14-71.1, -72; State v. Perry, 305 N.C. 225, 233, 287 S.E.2d 810, 815 (1982). One has possession of stolen property when one has both the power and intent to control its disposition or use. See State v. Harvey, 281 N.C. 1, 12, 187 S.E.2d 706, 714 (1972).
With certain exceptions not pertinent here, a respondent in a juvenile adjudication hearing is entitled to "all rights afforded adult offenders." G.S. 7A-631. The juvenile respondent thus is entitled to have the evidence evaluated by the same standards as apply in criminal proceedings against adults. In re Meaut, 51 N.C.App. 153, 155, 275 S.E.2d 200, 201 (1981). The evidence must therefore be interpreted in the light most favorable to the State and all reasonable inferences favorable to the State must be drawn therefrom. State v. Bridgers, 267 N.C. 121, 125, 147 S.E.2d 555, 557 (1966). However, "there must be substantial evidence of all material elements of the offense to withstand the motion to dismiss." State v. Stephens, 244 N.C. 380, 383, 93 S.E.2d 431, 433 (1956); see also State v. Lanier, 50 N.C.App. 383, 388, 273 S.E.2d 746, 749-50 (1981).
Viewed by these standards, we find the evidence insufficient to withstand the motions to dismiss. It tended to show that the juvenile was a passenger in the stolen vehicle and that at some point while en route to South Mills she learned that the vehicle was stolen. No evidence in any way links her to the theft or tends to show that she had control or could have exercised control over the vehicle. She merely accepted a ride to Florida with friends without knowing or having reasonable grounds to believe that the travel would be by stolen vehicle. Her subsequent acquisition of knowledge that the vehicle was stolen did not suffice to give her actual or constructive possession of it. No evidence suggests any dominion or control on her part. The evidence thus did not permit a finding that she possessed the vehicle knowing or have reasonable grounds to believe it to have been stolen, or that she acted with a dishonest purpose. Perry, 305 N.C. 225, 287 S.E.2d 810.
Two cases are particularly instructive:
In State v. Hughes, 16 N.C.App. 537, 192 S.E.2d 626 (1972), the defendant Hughes was a passenger in an automobile that recently had been stolen by the individual who was driving when officers stopped the automobile and arrested the occupants. In reversing Hughes' conviction this Court stated:
There is no evidence that defendant Hughes was acting in concert with [the driver] or that they were in particeps criminis....
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People v. Land
... ... 561, 391 N.W.2d 410 [no law to support proposition act of being passenger in car alone constitutes possession]; In re Dulaney (1985) 74 N.C.App. 587, 328 S.E.2d 904 [possession and control not established on evidence juvenile defendant only learned car was stolen while en ... ...
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State v. McCoy
...410 (1986) (no case law supports argument that the act of being a passenger in a stolen car constitutes possession); In re Dulaney, 74 N.C.App. 587, 328 S.E.2d 904 (1985) (evidence insufficient to show control by juvenile defendant when she discovered while en route to Florida with friends ......
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In re A.N.C., COA12–482.
...in criminal proceedings against adults.’ ” In re Heil, 145 N.C.App. 24, 28, 550 S.E.2d 815, 819 (2001) (quoting In re Dulaney, 74 N.C.App. 587, 588, 328 S.E.2d 904, 906 (1985)). “Upon defendant's motion for dismissal, the question for the Court is whether there is substantial evidence (1) o......
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State v. Weakley
...has possession of stolen property when one has both the power and intent to control its disposition or use." In re Dulaney, 74 N.C.App. 587, 588, 328 S.E.2d 904, 906 (1985) (citation omitted). "One who has the requisite power to control and intent to control access to and use of a vehicle o......