N.C.P.I.—Crim. 214.20

NOTE WELL: If necessary, refer to N.C.P.I.–Crim.

214.32 Felonious Breaking or Entering. Felonious

Larceny—Pursuant to a Breaking or Entering or Where

the Property is Worth More than $1,000.

NOTE WELL: The jury shall not be told that the

defendant has been charged with Habitual Breaking or

Entering until the defendant is found guilty of the

underlying felony of Breaking or Entering.

NOTE WELL: See Gen. Stat. § 15A-928 for provisions

regarding indictment, bifurcated trial, verdict, and

judgment.

NOTE WELL: If more than one prior conviction is

submitted, then a specialized verdict sheet should be

presented to the jury and the jury must indicate which

felonies the jury unanimously found.

The defendant has been charged with habitual breaking or

entering.1 A person is guilty of habitual breaking or entering if the person

has previously been convicted of or has pled guilty to one or more felony

offenses of breaking or entering.2 3

For you to find the defendant guilty of this offense, the state must

prove beyond a reasonable doubt that:

On (name date), the defendant in (name court) [was convicted of]

[pled guilty to] the offense of (name felony breaking or entering offense),

that was committed on (name date). 4

If you find from the evidence beyond a reasonable doubt that:

On (name date), the defendant in (name court) [was convicted of]

[pled guilty to] the offense of (name felony breaking or entering offense),

that was committed on (name date) 5 it would be your duty to return a

verdict of guilty. If you do not so find or have a reasonable doubt as to

one or more of these things, then it would be your duty to return a

verdict of not guilty.