in the Court of Appeals 19 September 2016.
by defendant on petition for writ of certiorari from
judgments signed on or about 7 November 2012 by Judge Abraham
P. Jones in Superior Court, Durham County. No. 11 CRS 60671,
Attorney GeneralJoshua H. Stein, by Assistant Attorney
General B. Carrington Skinner IV, for the State.
Bleyman, for defendant-appellant.
appeals from judgments convicting him of obtaining property
by false pretenses and other crimes. Because the trial court
properly instructed the jury, we conclude there was no error
in defendant's trial.
State's evidence tended to show that on 30 August 2010,
Mr. Carl Jones was working at North Carolina Central
University with ground maintenance. Around 10:50 a.m., Mr.
Jones noticed that a pair of Stihl hedge trimmers was missing
from the back of his cart. Around 12:29 p.m. on the same day,
J & L Jewelry and Pawn ("J & L") bought a
pair of Stihl hedge trimmers. The pawn ticket listed the
seller's identifying information, including name,
address, height, ID number, phone number, and date of birth;
defendant was the seller. The shop purchased the trimmers
from defendant for $50. In accord with State law, the pawn
shop notified law enforcement of the items it purchased.
November 2011, Officer Benjamin Coleman of the North Carolina
Central University Police Department used the
Police-to-Police search engine "to search through the
record management systems of other departments" for
stolen items and he discovered that the stolen Stihl hedge
trimmers were sold to J & L. Officer Coleman contacted J
& L and acquired the pawn ticket which had a serial
number matching the stolen Stihl hedge trimmers as well as
the name of the seller. On 25 November 2011, Officer Coleman
met with defendant to investigate the stolen trimmers.
Thereafter, defendant was indicted with obtaining property by
false pretenses. Specifically, the indictment stated that
unlawfully, willfully and feloniously did knowingly and
designedly with the intent to cheat and defraud obtain and
attempt to obtain $50.00 in U.S. currency from J & L
Jewelry And Pawn Inc. by means of a false pretense which was
calculated to deceive and did deceive.
The false pretense consisted of the following: pawning hedge
trimmers that Defendant alleged that he owned which in fact
he knew or should have reasonably known were in fact stolen
was not charged with any crime for taking the hedge trimmers.
the evidence was presented at trial, Judge Jones discussed
the proposed jury charge with both parties. Over
defendant's objection, Judge Jones determined that an
instruction regarding the doctrine of recent possession was
appropriate in light of the offense charged and the evidence
presented at trial. On 10 July 2012, the jury returned a
verdict of guilty to the charge of obtaining property by
false pretenses, and the ...