State v. Frank, 110519 NCCA, COA 19-373

Docket Nº:COA 19-373
Opinion Judge:YOUNG, JUDGE.
Party Name:STATE OF NORTH CAROLINA v. CHRISTOPHER CHAD FRANK, Defendant.
Attorney:Attorney General Joshua H. Stein, by Special Deputy Attorney General Kimberley A. D'Arruda, for the State. Appellate Defender Glenn Gerding, by Assistant Appellate Defender Katy Dickinson-Schultz, for defendant-appellant.
Judge Panel:Judges DIETZ and INMAN concur.
Case Date:November 05, 2019
Court:Court of Appeals of North Carolina
 
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STATE OF NORTH CAROLINA

v.

CHRISTOPHER CHAD FRANK, Defendant.

No. COA 19-373

Court of Appeals of North Carolina

November 5, 2019

An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.

Heard in the Court of Appeals 16 October 2019.

Appeal by defendant from judgment entered 23 February 2018 by Judge Karen Eady-Williams in Cleveland County Superior Court No. 16 CRS 53528, 17 CRS 844.

Attorney General Joshua H. Stein, by Special Deputy Attorney General Kimberley A. D'Arruda, for the State.

Appellate Defender Glenn Gerding, by Assistant Appellate Defender Katy Dickinson-Schultz, for defendant-appellant.

YOUNG, JUDGE.

This appeal arises out of a conviction for felonious breaking and entering, felonious larceny, and felonious possession of stolen goods, as well as habitual felon status. The trial court did not err in denying Defendant's motions to dismiss, nor did the trial court err by allowing the State to amend the habitual felon indictment. Therefore, we find no error.

I. Factual and Procedural History

On 25 July 2016, Patricia Seagle ("Seagle"), an employee at Auto Parts U Pull and Scrap Metal ("U Pull") discovered that someone had broken into the business and stolen several items. Deputy Regina Brooks ("Deputy Brooks") with the Cleveland County Sheriff's Office responded to the call. Deputy Christy Clark ("Deputy Clark") arrived on the scene shortly thereafter. Deputy Brooks, Deputy Clark, and Seagle watched the surveillance camera videos and saw a person take the lottery tickets out of the holder and put them in a trash bag from an office trashcan. The person was identified as a white male, young, medium height and slender build. Seagle contacted the North Carolina Lottery Commission about the stolen tickets so they could track them. The Lottery Commission estimated that $1, 800 in lottery tickets were stolen. Tickets from U Pull's inventory were cashed at two businesses, Fast Stop Market and Southern Stores on 24 and 25 July 2016.

At trial, the manager at Fast Stop identified the man who cashed in the lottery tickets as Christopher Chad Frank ("Defendant"), and testified that Defendant was accompanied by another man, later identified as Stanley Heath Ledford ("Ledford"). Defendant was not identified as either of two men who cashed the tickets at Southern Stores; a witness instead identified the sellers as Brian Davis ("Davis") and Kristen Terry ("Terry"). Deputy Clark went to a motel close to Southern Stores looking for Defendant. She spoke with the clerk on duty and showed him a picture of Defendant. The clerk confirmed Defendant stayed at the motel from 24 July 2016 to 25 July 2016. While Deputy Clark was at the motel, Defendant called the front desk and asked the clerk if there was a room available that night. Defendant also asked to be connected to room 129, which was currently occupied by Terry.

Deputy Clark forwarded the investigation to Deputy Brooks and Detective Sergeant Amy Stroupe ("Detective Stroupe"). As a part of the investigation, Detective Stroupe and Detective Derek Shaffer ("Shaffer") interviewed Defendant. The interview was recorded and the jury listened to part of the recording. During the interview, the police officers seized $349.00 from Defendant. Defendant claimed to have gotten the lottery tickets from other people. He consented to the search of his motel room and car, which was also recorded. In the car, Detectives found lottery tickets, clothes, shoes, tools, a knife, a box cutter, and a BB pellet gun. In the motel room...

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