N.C.P.I.—Crim. 216.08

NOTE WELL: There must be evidence that a defendant

has at least four convictions of misdemeanor or felony

larceny, or both, in order for this instruction and

elements six through nine of this instruction to be

used. See N.C. Gen. Stat. § 15A-928 if the defendant

admits to four prior convictions of larceny.

The defendant has been charged with larceny.

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

prove nine things beyond a reasonable doubt:

First, that the defendant took property belonging to another

person;

Second, that the defendant carried away1 the property;

Third, that the victim did not consent to the taking and carrying

away of the property;

Fourth, at that time the defendant intended to deprive the victim of

its use permanently2;

Fifth, that the defendant knew he was not entitled to take the

property.3;

NOTE WELL: In order to use the elements listed below,

there must be evidence that a defendant has

committed at least four additional offenses of

misdemeanor or felony larceny, or both. These

additional offenses would constitute a felony larceny

offense.4

Sixth, that on (name date) the defendant, in (name court) [was

convicted of] [pled guilty to] misdemeanor or felony larceny, or both, of

(name [misdemeanor larceny] [felony larceny] [misdemeanor and felony

larceny]), that was committed on (name date) in violation of the law of

the [State of North Carolina] [State of (name other state)] [United

States].

Seventh, that on (name date) the defendant, in (name court) [was

convicted of] [pled guilty to] misdemeanor or felony larceny, or both, of

(name [misdemeanor larceny] [felony larceny] [misdemeanor and felony

larceny]), that was committed on (name date) in violation of the law of

the [State of North Carolina] [State of (name other state)] [United

States].

Eighth, that on (name date) the defendant, in (name court) [was

convicted of] [pled guilty to] misdemeanor or felony larceny, or both, of

(name [misdemeanor larceny] [felony larceny] [misdemeanor and felony

larceny]), that was committed on (name date) in violation of the law of

the [State of North Carolina] [State of (name other state)] [United

States].

And Ninth, that on (name date) the defendant, in (name court)

[was convicted of] [pled guilty to] misdemeanor or felony larceny, or

both, of (name [misdemeanor larceny] [felony larceny] [misdemeanor and

felony larceny]), that was committed on (name date) in violation of the

law of the [State of North Carolina] [State of (name other state)] [United

States].

If you find from the evidence beyond a reasonable doubt that on or

about the alleged date, the defendant took and carried away another

person's property without his consent, knowing that he was not entitled

to take it, and intending at that time to deprive the victim of its use

permanently, and that

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

of] [pled guilty to] misdemeanor or felony larceny, or both, of (name

[misdemeanor larceny] [felony larceny] [misdemeanor and felony

larceny]), that was committed on (name date) in violation of the law of

the [State of North Carolina] [State of (name other state)] [United

States]; and

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

of] [pled guilty to] misdemeanor or felony larceny, or both, of (name

[misdemeanor larceny] [felony larceny] [misdemeanor and felony

larceny]), that was committed on (name date) in violation of the law of

the [State of North Carolina] [State of (name other state)] [United

States]; and

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

of] [pled guilty to] misdemeanor or felony larceny, or both, of (name

[misdemeanor larceny] [felony larceny] [misdemeanor and felony

larceny]), that was committed on (name date) in violation of the law of

the [State of North Carolina] [State of (name other state)] [United

States]; and

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

of] [pled guilty to] misdemeanor or felony larceny, or both, of (name

[misdemeanor larceny] [felony larceny] [misdemeanor and felony

larceny]), that was committed on (name date) in violation of the law of

the [State of North Carolina] [State of (name other state)] [United

States],

it would be your duty to return a verdict of guilty. If you do not so find or

if you have a reasonable doubt as to one or more of these things, it

would be your duty to return a verdict of not guilty.5