in the Court of Appeals 8 June 2017.
by defendant from judgment entered 2 September 2016 by Judge
Julia Lynn Gullett in Cabarrus County Superior Court Cabarrus
County, Nos. 15CRS053091-92; 15CRS001404
Attorney General Joshua H. Stein, by Special Deputy Attorney
General Durwin P. Jones, for the State.
Epstein Law Firm PLLC, by Drew Nelson, for
Peters ("Defendant") appeals from judgment entered
following her conviction for attempting to obtain property by
false pretense, possessing or displaying an altered North
Carolina driver's license, and delaying a public officer
in the discharge of his duties. Defendant was sentenced as an
habitual felon to 95 to 126 months in prison.
has only challenged her conviction for the Class 2
misdemeanor of delaying a public officer in violation of N.C.
Gen. Stat. § 14-223 (2015). Specifically, Defendant
contends the trial court erred by denying her motion to
dismiss when the State failed to introduce sufficient
evidence that she delayed a public officer or intended to
delay a public officer. We disagree.
& Procedural Background
28, 2015, Larkin Anderson ("Anderson"), a loss
prevention officer for Wal-Mart, Inc., Store 1027,
("Wal-Mart") observed a female enter Wal-Mart with
two expensive, identical blenders. She approached the
customer service counter, returned the two blenders for a
refund, purchased two vacuum cleaners and two toys, and then
exited the store. After she had loaded her purchased items
into her vehicle, she handed Defendant her receipt and drove
then entered Wal-Mart, selected two vacuums and two toys
identical to the ones purchased formerly. She proceeded to
Wal-Mart's garden center exit with them, rather than
returning to the general entrance through which she
originally came. Defendant picked up an additional item and
paid cash for it, and presented the cashier with the receipt
that was given to Defendant in the parking lot. Defendant
then left Wal-Mart through the garden center exit, without
paying for the vacuums or the toys.
approached Defendant outside the doors of the garden center
and confronted her about her apparent theft. Anderson asked
Defendant to accompany him to the store's Asset
Protection Office, and held her there until a law enforcement
officer could arrive to investigate the incident.
Parker Phillips ("Officer Phillips") of the Concord
Police Department reported to the Wal-Mart as the
investigating officer. Officer Phillips first attempted to
identify Defendant by requesting an identification card
("ID"). Defendant produced a North Carolina ID that
she gave to Officer Phillips. He stepped outside of the
office, and radioed his dispatch officer asking for
information related to the license number on Defendant's
dispatch officer reported that the name associated with the
given ID number differed from the one listed on the ID.
Officer Phillips returned to the office and asked Defendant
if the numbers on the ID were correct, and Defendant
confirmed that they were. Officer Phillips then asked
Defendant if there were any additional numbers, as it
appeared the ID had been altered. Defendant replied that
there may have been an "8" missing from the end of
the ID number. Officer Phillips asked if she was certain
there were no other numbers missing, to which Defendant
stated, "there's no other numbers, just an 8."
Officer Phillips again requested the dispatch officer to
check the ID number, now including the "8", and
again was given a name that did not match the ID.
Phillips then asked the dispatch officer to search using
Defendant's name and date of birth. This search proved
fruitful, and the dispatch officer reported that
Defendant's ID number also included a "0". All
other information on Defendant's ID - her name, date of
birth, race, etc. - was correct. The dispatch officer also
reported that Defendant had "a couple outstanding
warrants." Officer Phillips then charged Defendant with
resisting, delaying, or obstructing a public ...