State v. Bacon, ___ N.C. App. ___, 803 S.E.2d 402 (Jul. 18, 2017)

temp. stay granted, ___ N.C. ___, 802 S.E.2d 460 (Aug. 4, 2017)

Because there was insufficient evidence to establish that the value of the stolen items exceeded $1000, the trial court erred by failing to dismiss a charge of felonious larceny. The items in question, stolen during a home break-in, included a television and earrings. Although the State presented no specific evidence concerning the value of the stolen items, the trial court ruled that their value was a question of fact for the jury. This was error. A jury cannot estimate the value of an item without any evidence put forward to establish a basis for that estimation. Although certain property may, by its very nature, be of value obviously greater than $1000 the television and earrings in this case are not such items.