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NO. COA10-417 NORTH CAROLINA COURT OF APPEALS Filed: STATE OF NORTH CAROLINA v. Mecklenburg County Nos. 08 CRS 232084; 09 CRS 8840 7 December 2010

MARSHALL EUGENE BLACKMON

Appeal by defendant from judgments entered 7 January 2010 by Judge Timothy L. Patti in Mecklenburg County Superior Court. Heard in the Court of Appeals 30 September 2010. Attorney General Roy A. Cooper, III, by Special Deputy Attorney General Grady L. Balentine, Jr., for the State. William B. Gibson, for defendant-appellant. JACKSON, Judge. Marshall Eugene Blackmon ("defendant") appeals his 7 January 2010 convictions for felonious larceny and being an habitual felon. For the reasons stated herein, we hold no error. On 13 June 2008, son, in her Sonya Sullivan and ("Sullivan") left her

fifteen-year-old Carrie, alone

Jaccuehas, house

eight-year-old she went to

daughter, At

while

work.

approximately 12:00 p.m., the children heard a loud noise coming from downstairs. in a closet. They barricaded themselves in a bedroom and hid

Jaccuehas called 911 at 12:29 p.m. and reported that

-2someone had broken into the house. after the call was made. Sullivan arrived home at approximately 1:00 p.m. Sullivan's The police arrived shortly

computer and television were on the grass outside the home; her camcorder, PlayStation 2, and some video games were missing. The

electricity meter had been pulled off the wall, the glass window in the entry door was broken, and a large rock was on the kitchen floor. Crime scene specialists arrived at the house and recovered

several fingerprints, only one of which was determined to be of "AFIS quality[.]" That print, found on the computer tower sitting Sullivan

outside the house, matched defendant's left ring finger. told police that she had never met defendant.

Defendant was indicted on three counts: felonious breaking and entering, pursuant to North Carolina General Statutes, section 14-54(a); larceny after breaking and entering, pursuant to North Carolina habitual General felon, Statutes, pursuant to section North 14-72(b)(2); Carolina and being an

General

Statutes,

section 14-7.1. (2007).

N.C. Gen. Stat.

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