Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Street

Court of Appeals of North Carolina

June 20, 2017

STATE OF NORTH CAROLINA
v.
FRANKLIN THOMAS STREET, Defendant.

          Heard in the Court of Appeals 19 September 2016.

         Appeal 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, 059542-43, 059723

          Attorney GeneralJoshua H. Stein, by Assistant Attorney General B. Carrington Skinner IV, for the State.

          Anne Bleyman, for defendant-appellant.

          STROUD, Judge.

         Defendant 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.

         I. Background

         The 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.

         In 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 defendant

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 property.

         Defendant was not charged with any crime for taking the hedge trimmers.

         After 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.