in the Court of Appeals 2 May 2018.
by defendant from judgment entered 16 March 2017 by Judge
Daniel A. Kuehnert in Mecklenburg County No. 15 CRS 222077
Superior Court. Heard in the Court of Appeals 2 May 2018.
Attorney General Joshua H. Stein, by Assistant Attorney
General Torrey D. Dixon, for the State.
Appellate Defender Glenn Gerding, by Assistant Appellate
Defender Jillian C. Katz, for defendant-appellant.
Renee Howard ("Defendant") appeals from judgment
entered upon a jury's conviction of felonious use or
possession of counterfeit trademark goods with intent to sell
and having a value exceeding $10, 000. We find no error in
the trial court's denial of Defendant's motion to
suppress. We remand to the trial court to enter appropriate
conclusions of law.
June 2015, North Carolina Secretary of State's Trademark
Enforcement Division Special Agent Derek Wiles ("Agent
Wiles") obtained a search warrant to search the
residence and vehicles located at 13606 Coram Place in
Charlotte, North Carolina. During the search of the premises,
Agent Wiles and his team discovered counterfeit items located
in the house, garage, and inside a van parked adjacent to the
house. The officers seized hundreds of counterfeit items,
including handbags, watches, and sunglasses, as well as over
2700 designer labels, with an approximate suggested retail
value of two million dollars.
was indicted for felony criminal use of counterfeit trademark
on 19 January 2016. On 13 March 2017, she filed a motion to
suppress all the evidence recovered and all statements made
in connection with the search of 13606 Coram Place. The trial
court denied Defendant's motion. Defendant failed to
object to the subsequent entry and admission at trial of
evidence obtained as a result of the search.
jury returned a verdict finding Defendant guilty of felony
use or possession of counterfeit trademark goods. Defendant
was sentenced to 6-17 months imprisonment, which was
suspended for 36 months of supervised probation. Defendant
was required to serve an active sentence of 45 days during
the first 12 months of her probation. Defendant entered
timely notice of appeal.
appeal of right lies with this Court pursuant to N.C. Gen.
Stat. §§ 7A-27(b) and 15A-1444(a) (2017).
Issues Defendant argues the trial court erred by denying
her motion to suppress, and in the alternative, the trial
court erred by failing to provide its rationale during its
ruling from the bench.
Motion to Suppress
Standard of Review
failed to object at trial to the entry of the evidence
obtained from the search of 13606 Coram Place to preserve the
error, but has assigned plain error review on appeal. See
State v. ...