Volume 86 — North Carolina Court of Appeals Reports

1. Conspiracy 6 — conspiracy to commit breakings or enterings — seven judgments vacated — single plan to commit ongoing series of breakings or enterings Three judgments on seven conspiracy to break and enter convictions were vacated and remanded for entry of one judgment where the charges arose out of ten break-ins at several related stores; all of the break-ins occurred within four months, and some within ten days of each other; the participants remained the same; the participants pursued the same objective throughout; meetings generally took place after break-ins to divide the spoils and to discuss the next break-in; and the gist of the meetings was to plan subsequent break-ins in furtherance of the original unlawful agreement. 2. Conspiracy 8 — conspiracy to commit felonious breakings or enterings — Class J felony The trial court erred when sentencing defendant on convictions for conspiracy to commit felonious breaking or entering by sentencing defendant as a Class H rather than a Class J felon. 3. Receiving Stolen Goods 2; Indictment and Warrant 17.4, 11.1 — indictment for criminal possession of personal property — allegation of ownership — not fatally defective An indictment for criminal possession of personal property of "Norman's T.V." was not fatally defective for failure to allege ownership of property in a natural person capable of holding title to the property and there was not a fatal variance between the indictment and the evidence where the evidence at trial showed an ownership interest in the stolen property in Norman Shultz. The name of the person from whom goods were stolen is not an essential element of an indictment alleging possession of stolen goods, nor is a variance between the indictment's allegations of ownership of property and proof of ownership fatal. 4. Burglary and Unlawful Breakings 5.9 — breaking or entering — defendant not physically inside buildings — evidence sufficient The evidence was sufficient to support three breaking or entering convictions even though defendant did not physically enter the buildings where defendant drove his truck to one store after an accomplice telephoned him, he gave the accomplice tools to break the lock on the rear door, received merchandise through a hole in the store window, and loaded the goods into his truck; defendant agreed beforehand to drive his truck to another store, indicated when he arrived that he did not want radios, and the accomplice passed television sets through a broken window for defendant to load on his truck; and, during the third break-in, defendant parked his truck in an adjacent parking lot, gave the accomplice a hammer with which to dismantle the store's alarm, waited outside, and drove away then the accomplice awakened a sleeping employee and ran away.<page_number>Page 115</page_number>