State v. Hendricksen

6 Citing cases

  1. Edwards v. Hooks

    1:18-cv-00070-FDW (W.D.N.C. Mar. 30, 2019)

    The North Carolina legislature created the statutory offense of possession of stolen goods as a substitute for the common law offense of larceny in those situations where the State could not furnish sufficient evidence that the defendant stole the property. State v. Hendricksen, 809 S.E.2d 391, 395 (N.C. Ct. App. 2018), disc. review denied, 812 S.E.2d 856 (N.C. 2018) (citing State v. Perry, 287 S.E.2d 810, 816 (N.C. 1982), overruled in part on other grounds, State v.Mumford, 699 S.E.2d 911, 916 (2010)). In Perry, the NCSC explained that prior to the enactment of N.C. Gen. Stat. § 14-71.1, mere possession of stolen property was not a crime, and known dealers in stolen goods were going unprosecuted because it was difficult to prove possession recent enough after larceny to raise the presumption that the dealer stole the property.

  2. State v. Henry

    865 S.E.2d 904 (N.C. Ct. App. 2021)

    ¶ 29 "Whether multiple punishments were imposed contrary to legislative intent presents a question of law, reviewed de novo by this Court." State v. Hendricksen , 257 N.C. App. 345, 347, 809 S.E.2d 391, 393 (2018). The applicable statute provides that kidnapping is elevated to first degree kidnapping if the victim "was not released by the defendant in a safe place or had been seriously injured or sexually assaulted."

  3. State v. Ray

    851 S.E.2d 653 (N.C. Ct. App. 2020)   Cited 2 times

    "Whether multiple punishments were imposed contrary to legislative intent presents a question of law, reviewed de novo by this Court." State v. Hendricksen , 257 N.C. App. 345, 347, 809 S.E.2d 391, 393 (2018) (citations omitted).

  4. State v. Wright

    848 S.E.2d 252 (N.C. Ct. App. 2020)   Cited 3 times

    "Whether multiple punishments were imposed contrary to legislative intent presents a question of law, reviewed de novo by this Court." State v. Hendricksen , 257 N.C. App. 345, 809 S.E.2d 391, 393, review denied, 371 N.C. 114, 812 S.E.2d 856 (2018). B. Analysis

  5. State v. Stephenson

    267 N.C. App. 475 (N.C. Ct. App. 2019)   Cited 3 times

    "Whether multiple punishments were imposed contrary to legislative intent presents a question of law, reviewed de novo by this Court." State v. Hendricksen , ––– N.C. App. ––––, ––––, 809 S.E.2d 391, 393 (2018). B. Analysis

  6. State v. Guy

    262 N.C. App. 313 (N.C. Ct. App. 2018)   Cited 5 times

    The "[p]rinciples of legislative intent ... proscribe punishment for possession during the course of the same conduct, and where the property is the same property." State v. Hendricksen, ––– N.C. App. ––––, ––––, 809 S.E.2d 391, 395 (citation and quotation marks omitted), review denied , ––– N.C. ––––, 812 S.E.2d 856 (2018).In the present case Defendant was convicted of robbery with a dangerous weapon, possession of stolen goods, and possession of marijuana.