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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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.

NO. COA03-402 NORTH CAROLINA COURT OF APPEALS Filed: 18 May 2004

STATE OF NORTH CAROLINA v. JAY WILLIAM HAMRICK Rutherford County No. 02 CRS 2398

Appeal by defendant from judgment entered 6 December 2002 by Judge Christopher M. Collier in Rutherford County Superior Court. Heard in the Court of Appeals 12 April 2004. Attorney General Roy Cooper, by Assistant Attorney General Douglas W. Corkhill, for the State. Gary C. Rhodes for defendant-appellant. TIMMONS-GOODSON, Judge. Jay William Hamrick ("defendant") appeals his conviction of obtaining property under false pretenses and habitual felon. For

the reasons stated herein, we hold that defendant received a trial free of prejudicial error. The State's evidence presented at trial tends to show the following: jack to On 18 September 2001, defendant presented a hydraulic Jim Davis ("Davis"),

Butler's Jewelry & Loan for pawn.

part owner of Butler's Jewelry & Loan, was at the counter when defendant and "some more fellows" entered the pawn shop. Davis

-2testified that he did not know what the hydraulic jack was, nor how it worked. Defendant showed Davis how to operate the jack. Davis

gave defendant $50 for the jack and defendant signed a pawn ticket which stated the jack was his "to sell or pawn." In February 2002, Sergeant Bob Ward of the Forest City Police Department saw the jack sitting in Butler's Jewelry & Loan.

Sergeant Ward remembered a report concerning a stolen jack, and began an investigation. It was later determined that the jack was Defendant was

stolen from A+ Body Repair Shop in July 2001.

subsequently convicted for obtaining property under false pretenses for his involvement in pawning the stolen jack. Defendant was also convicted of habitual felon. Defendant appeals.

__________________________________ On appeal, defendant argues that the trial court erred by (1) denying defendant's motion to dismiss the charge as contained in the indictment; (2) admitting into evidence copies of defendant's criminal record and a computer printout of defendant's waiver of counsel in one of his prior convictions; and, (3) imposing an enhanced habitual felon sentence in excess of the sentence

permissible for the conviction. Defendant first argues that the trial court erred in denying his motions to dismiss the charge of obtaining property under false pretenses as contained in the indictment. We disagree.

"In reviewing a motion to dismiss, 'the trial court is to determine whether there is substantial evidence (a) of each

essential element of the offense charged, or of a lesser offense

-3included therein, and (b) of defendant's being the perpetrator of the offense.'" State v. Stancil, 146 N.C. App. 234, 244, 552

S.E.2d 212, 218 (2001) (citation omitted), aff'd as modified, 355 N.C. 266, 559 S.E.2d 788 (2002). Substantial evidence is "such

relevant evidence as a reasonable mind might accept as adequate to support a conclusion." S.E.2d 585, 587 (1984). State v. Brown, 310 N.C. 563, 566, 313 The court must view the evidence in the

light most favorable to the State, giving the State the benefit of all reasonable inferences to be drawn from the evidence. State v.

Compton, 90 N.C. App. 101, 103-04, 367 S.E.2d 353, 355 (1988). Pursuant to the North Carolina General Statutes, a person is guilty of obtaining property by false pretenses when a person makes a false presentation of a known fact, with the intent to deceive, and receives or attempts to receive something of value based on the false representation. N.C. Gen. Stat.

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