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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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. COA08-257 NORTH CAROLINA COURT OF APPEALS Filed: STATE OF NORTH CAROLINA v. ARTHUR LEE OXENDALE On a writ of certiorari from judgment entered 25 January 2007 by Judge Laura J. Bridges in Rutherford County Superior Court. Heard in the Court of Appeals 15 September 2008. Attorney General Roy Cooper, by Assistant Attorney General Gregory P. Roney, for the State. Appellate Defender Staples S. Hughes, by Assistant Appellate Defender Barbara S. Blackman, for defendant-appellant. ELMORE, Judge. Defendant was found guilty of possession of a counterfeit instrument and habitual felon status. He was sentenced on 25 Rutherford County No. 06 CRS 4998-4999 21 October 2008

Court of Appeals Slip Opinion

January 2007 to a minimum term of imprisonment of 100 months and the corresponding maximum term of 129 months. His petition for a

writ of certiorari was allowed on 4 January 2008. The issue presented by defendant's sole assignment of error is whether the court erred by denying defendant's motion to dismiss for insufficient evidence the charge of possession of counterfeit instrument. Upon a motion to dismiss, the trial court determines

whether there is substantial evidence to establish each element of

-2the offense charged and to identify the defendant as the

perpetrator.

State v. Earnhardt, 307 N.C. 62, 65-66, 296 S.E.2d In this state it is "unlawful for any person to

649, 651 (1982).

. . . possess any counterfeit instrument, with the intent to injure or defraud any person, financial institution or governmental

unit[.]"

N.C. Gen. Stat.

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South Carolina Law