State v. Lamp
Date Filed2022-12-16
Docket18A22
Cited0 times
StatusPublished
Syllabus
Whether sufficient evidence was presented to support an inference of defendant's intent to deceive.
Full Opinion (html_with_citations)
IN THE SUPREME COURT OF NORTH CAROLINA
2022-NCSC-141
No. 18A22
Filed 16 December 2022
STATE OF NORTH CAROLINA
v.
MICHAEL CONNOR LAMP
Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of
the Court of Appeals, 281 N.C. App. 138, 2021-NCCOA-698, finding no reversable
error in a judgment entered on 19 December 2019 by Judge Joseph N. Crosswhite in
Superior Court, Iredell County. Heard in the Supreme Court on 20 September 2022.
Joshua H. Stein, Attorney General, by Deborah M. Greene, Assistant Attorney
General, for the State.
Mark L. Hayes for defendant-appellant.
HUDSON, Justice.
¶1 This case is about the sufficiency of evidence indicating intent, as specified in
N.C.G.S. § 14-208.11(a)(4). Defendant Michael Connor Lamp, a registered sex
offender, is required to report his address to the sheriff of his county of residence. He
was charged with submitting incorrect address information to the sheriff âwillfullyâ
and âunder false pretenses.â Defendant moved to dismiss the charges on grounds that
the Stateâs evidence was insufficient to show the requisite intent to deceive. Over
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defendantâs objections, the trial court allowed the case to go to the jury, and the jury
returned a verdict of guilty of failure to comply with the sex offender registry.
Defendant appealed the denial of his motion to dismiss, but a divided Court of
Appeals affirmed his conviction. State v. Lamp, 281 N.C. App. 138, 2021-NCCOA-
698. Before this Court defendant maintains that the State did not introduce sufficient
evidence of the requisite intent. We agree. Accordingly, we reverse the decision of the
Court of Appeals.
I. Factual and Procedural Background
¶2 Defendant, a registered sex offender since his 1999 conviction for a sex offense
at age seventeen, is required to report his address to the sheriff of the county where
he resides. When a registrant like defendant moves to a different location, the law
requires him to report his address change in person at the local sheriffâs office within
three business days. N.C.G.S. § 14-208.9 (2021). All registrants, including those who
have not moved, must also verify their address twice a year by appearing at the
sheriffâs office in person. Id. § 14-208.9A(a) (2021). Iredell County has an additional
requirement for homeless registrants: they must appear in person at the sheriffâs
office every Monday, Wednesday, and Friday to sign a check-in log.
¶3 In June 2019, Defendant registered as homeless with the Iredell County
Sheriffâs Office. On Friday, 21 June 2019, Defendant moved into a friendâs apartment.
Because he was no longer homeless, he was no longer subject to Iredell Countyâs
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thrice-weekly homeless check-in policy. Per N.C.G.S. § 14-208.9(a), defendant had
three business days to report this address change to the sheriff; however, before
visiting the sheriffâs office to report his new address, defendant learned that the
apartment was under eviction and the sheriffâs office was coming to change the locks
on the morning of Wednesday, 26 June. In sum, defendant switched from homeless
to housed on Friday, 21 June, and then back to homeless again sometime before 10:00
a.m. on Wednesday, 26 June.
¶4 Defendant timely reported all these changes in person at the sheriffâs office on
Tuesday, 25 June 2019. As Detective-Sergeant Dyson testified, when a registrant
changes their address they must speak with a deputy in person at the sheriffâs office.
The deputy provides the needed paperwork for the registrant to fill out. Defendant
reported the apartment address as â1010 Foxcroft Ln Building # 604 Apt. # A6
Statesville N.C. 28677.â The form provided by the sheriffâs office has a space to
indicate the first effective date, which defendant listed as Friday, 21 June. But the
form does not have a space to indicate a last effective date. Instead, registrants are
expected to submit superseding information to indicate that previously reported
information is outdated. During that same in-person report at the sheriffâs office,
defendant did just that by signing the provided homeless check-in log to represent
that he did not have a fixed address.
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¶5 On 26 June 2019, Deputy Cody James attempted to verify the outdated
apartment address defendant had provided. Deputy James did not know that
defendant had signed the homeless check-in log to indicate that he did not live at the
Foxcroft Apartments. Additionally, the deputy did not go to the address defendant
had givenâ1010 Foxcroft Lnâand instead knocked on the door of a nearby
apartment with a similar address: 604 Foxcroft Terrace Apt. A6. Defendant did not
answer that door, and Deputy James inferred that defendant did not live there.
Deputy James also spoke with the property manager for the apartment complex. The
property manager stated that the previous day, Tuesday, 25 June, she knocked on
the door to 602 Foxcroft Terrace Apt. A6 and defendant answered. Deputy James
then went to and knocked on that door, but no one answered. Deputy James did not
try calling defendantâs cell phone.
¶6 Deputy James then concluded that âDefendant deceptively provided a false
address to the sex offender registry and that Defendant was someone who acted as
though he did not want to be supervised.â As a result, on 27 June 2019, Deputy James
swore out a warrant alleging, among other things, that defendant willfully failed to
register âby providing false information . . . stating his address was 604 Foxcroft
Terrace Apt A6 when he was actually residing [at] 602 Foxcroft Terrace Apt A2.â In
fact, defendant never submitted either of these two addresses, and Deputy James
later admitted at trial that he made a mistake when typing up the warrant.
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Nevertheless, the warrant was issued, and defendant was arrested on 30 June 2019.
The following day, Deputy James returned to the apartment complex to formally take
the apartment managerâs statement.
¶7 At trial, Deputy James testified that he believed defendant did not live at 604
Foxcroft Terrace Apt. A6 because someone other than defendant came to the door and
spoke with him. Before Deputy James could describe that conversation, defense
counsel immediately objected that those out-of-court statements were hearsay, and
the court sustained the objection.
¶8 Later, Deputy James testified that he believed defendant was trying to trick
him, even though Deputy James never spoke to defendant during the investigation.
When asked to elaborate, Deputy James stated, âDuring the time in which
[defendant] was homeless he would have to come in and check in. He would always
make his check-ins near 5:00 [p.m.], which led me to believe he didnât wish to be
supervised.â
¶9 The prosecution tried to introduce evidence of defendantâs past failures to
report address changes to substantiate the Stateâs claim that defendant intended to
deceive in this case, but the trial court excluded that evidence.
¶ 10 Defendant moved to dismiss the charges for insufficient evidence. When
arguing on the motion to dismiss, the State summarized its evidence on intent as
follows:
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In the light most favorable to the State, with regard
to the deceit, I think thereâs evidence that the defendant
had previously registered as homeless. It was a
requirement that homeless offenders come sign in on
Monday, Wednesday, and Friday. That requirement did
not exist for someone who had an address. And this
defendant I think was in a tough spot because he couldnât
say he was homeless because he just talked to this woman
who was the manager of the apartment complex and she
knew that he was living in that apartment. He knew the
Iredell County Sheriffâs Office was coming the next day to
padlock it. The Iredell County Sheriffâs Office handles the
eviction. Iredell County Sheriffâs Office handles the
registry. He knew somebody was going to know that he was
living there so he had to come. He couldnât say he was
homeless.
He gave an address. He moved from the address
where he actually was going to be padlocked the next day
so he gave this address of Building 604, Apartment A6.
That would buy him some time until he could figure out
what he was going to do next, and it wouldnât require him
to come in on Monday, Wednesday, and Friday to check in
because he wasnât registered as homeless, he actually
provided an address. And I think thatâs circumstances that
are sufficient in the light most favorable to the State to
show deceit.
The motion to dismiss was denied. Defendant neither testified nor presented any
evidence. Defendant renewed his motion to dismiss at the close of all evidence, and
the motion was again denied.
¶ 11 After deliberating for some time, the jury asked for clarification on the
definition of intent to deceive. The trial court reread the jury instructions and
provided the following definition of intent:
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Intent is a mental attitude seldom provable by direct
evidence. It must ordinarily be proven by circumstances
from which it may be inferred. You arrive at the intent of a
person by such just and reasonable deductions from the
circumstances proven as a reasonably prudent person
would ordinarily draw therefrom.
Thank you, guys. Weâll let you return and continue
your deliberations.
[Jury exited the courtroom at 5:05 p.m.]
[Jury deliberations continue.]
THE COURT: I donât think that definition of intent
clarifies anything. I mean, that is just --
[DEFENSE COUNSEL]: Itâs a lot of verbiage.
THE COURT: It is.
[THE STATE]: Itâs a lot of verbiage.
The jury returned a verdict of guilty of failure to comply with the sex offender
registry. Defendant then pleaded guilty to attaining habitual felon status. The
judgments were consolidated, and defendant was sentenced to a prison term of 101
to 134 months. Defendant gave notice of appeal in open court.
¶ 12 The Court of Appeals held that the trial court properly denied defendantâs
motion to dismiss. Lamp, 2021-NCCOA-698, ¶ 10. The Court of Appeals identified six
specific pieces of evidence that, from its viewpoint, allowed for the reasonable
inference that defendant willfully misrepresented his address with the intent to
deceive the sheriffâs office:
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(1) [O]n 25 June 2019, Defendant represented both that he
resided at 1010 Foxcroft Lane, Building 604, Apartment
A6, and that he was homelessâtwo things that could
not both be true;
(2) [T]hat very same day, Defendant was seen at Building
602, Apartment A6, not Building 604, Apartment A6,
where he represented to the Sheriffâs Office he resided,
suggesting that he did not, in fact, reside in Building
604 despite representing that he did (but which could
also tend to show that he resided in neither place, and
was homeless on 25 June 2019); and
(3) [O]n 26 June 2019, an occupant of the apartment where
Defendant claimed he lived informed a deputy that
Defendant did not live there; and
[(4)] [P]roviding an incorrect address on the forms used by
the Sheriffâs Office to record and monitor compliance
with the requirement to register is a misrepresentation
that constitutes circumstantial evidence of deceptive
intent[; and]
[(5)] The jury also heard directly from Deputy James that
[he] believed the Defendant was trying to trick [him]
and avoid supervision by providing an incorrect
address[; and]
[(6)] The jury also heard of a potential motive that by
providing an address on 25 June 2019, this gave
Defendant an excuse from signing the homeless log on
21 June 2019 and 24 June 2019.
Id. ¶¶ 13â14.
¶ 13 Judge Dillon dissented. He would have held that the evidence did not support
a reasonable inference of deceptive intent. Id. ¶ 17 (Dillon, J., dissenting). Judge
Dillon emphasized that âit is not enough for the State to produce evidence showing
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that Defendant registered a false address or even that he did so knowingly.â Id. ¶ 20.
Instead, the State needed to âproduce evidence that raises at least âa reasonable
inferenceâ that Defendant acted willfully, under false pretenses.â Id. The Stateâs
theory of the case was that defendant âmisreported to deceive the Sheriffâs Office into
thinking that he was living in Building 604 indefinitelyâ so that he could avoid
supervision. Id. ¶ 24. But, as noted by the dissenting judge, âthe Stateâs own evidence
offered at trial conclusively belies the Stateâs theory.â Id. ¶ 24. In fact, Stateâs
Exhibit 5 âshowed that Defendant informed the Sheriffâs Office that he no longer lived
in any apartment unit by signing the homeless log.â Id. In sum, Judge Dillon
concluded that the evidence in the record did not support the Stateâs theory of the
case or any other potential motive to deceive.
¶ 14 Defendant appealed to this Court as a matter of right on the basis of the
dissenting opinion.
II. Analysis
¶ 15 Here, defendant contends that the trial court erred in denying his motion to
dismiss and presents two general arguments. First, defendant argues that he has
been improperly convicted for providing an incorrect old address, when the statute
only requires providing a new address. Second, defendant argues that the Stateâs
theory of deceptive intent is not supported by the evidence and, moreover, is patently
unreasonable. We disagree with defendantâs first argument but are persuaded by the
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second. The record here does not contain sufficient evidence of deceptive intent, and
the motion to dismiss should have been allowed. Accordingly, we reverse the decision
of the Court of Appeals.
A. Standard of Review
¶ 16 âThis Court reviews the decision of the Court of Appeals to determine whether
it contains any errors of law.â State v. Melton, 371 N.C. 750, 756 (2018) (citations
omitted). âIn ruling on a motion to dismiss, the trial court need determine only
whether there is substantial evidence of each essential element of the crime and that
the defendant is the perpetrator.â Id.(quoting State v. Chekanow,370 N.C. 488, 492
(2018)). âSubstantial evidence is that amount of relevant evidence necessary to
persuade a rational juror to accept a conclusion.â Id.(quoting Chekanow,370 N.C. at 492
). âIn making its determination, the trial court must consider all evidence
admitted, whether competent or incompetent, in the light most favorable to the State,
giving the State the benefit of every reasonable inference and resolving any
contradictions in its favor.â Id.(quoting Chekanow,370 N.C. at 492
). âWhether the
State presented substantial evidence of each essential element of the offense is a
question of law; therefore, we review the denial of a motion to dismiss de novo.â Id.
(quoting Chekanow, 370 N.C. at 492). Questions of statutory interpretation are
questions of law, and they are also reviewed de novo. E.g., JVC Enters., LLC v. City
of Concord, 376 N.C. 782, 2021-NCSC-14, ¶ 8.
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B. âNew Addressâ Reporting Requirement
¶ 17 North Carolina law requires that â[i]f a person required to register changes
address, the person shall report in person and provide written notice of the new
address.â N.C.G.S. § 14-208.9(a). Defendant was charged with violating N.C.G.S. §
14-208.11(a)(4), which declares an individual who â[f]orges or submits under false
pretenses the information or verification notices required under this Articleâ guilty
of a Class F felony. Id. § 14-208.11(a)(4) (2021).
¶ 18 Defendant argues that ânew addressâ should receive a peculiar construction.
Imagine a person moves from address A to address B, their ânewâ address. But, before
they report this change to the sheriffâs office within three business days, they move
again, to address C. Defendant argues that only address C is a ânewâ address, and
that address B is an âoldâ address that does not need to be reported. In response, the
State argues that addresses B and C are both ânewâ addresses, and both must be
reported.
¶ 19 We are convinced by the Stateâs argument on this point. Read in context, we
conclude that the word ânewâ refers to addresses that have not already been reported
to the sheriff. This reading gives meaning to the explicit purpose of the law: â[T]o
assist law enforcement agenciesâ efforts to protect communities.â Id. § 14-208.5
(2021). Law enforcement is better able to protect communities when it has a complete
and accurate record of where a sex offender has lived. We reject defendantâs suggested
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interpretation as inconsistent with this stated purpose because this interpretation
would allow sex offenders to submit false or incomplete information about places they
have lived while subject to the reporting requirement.
C. Evidence of Deceptive Intent
¶ 20 Nevertheless, we agree with defendant that the evidence presented at trial is
insufficient to support an inference of deceptive intent. Intent is an essential element
of the crime charged, and the State must put on âthat amount of relevant evidence
necessary to persuade a rational jurorâ of defendantâs criminal intent. State v.
Crockett, 368 N.C. 717, 720(2016) (quoting State v. Hill,365 N.C. 273, 275
(2011)).
âIntent is a mental attitude seldom provable by direct evidence. It must ordinarily be
proved by circumstances from which it may be inferred.â State v. Bell, 285 N.C. 746,
750 (1974) (citations omitted), overruled in part on other grounds by State v. Collins,
334 N.C. 54, 61â62 (1993). On a motion to dismiss, â[i]f the evidence presented is
circumstantial, the court must consider whether a reasonable inference of defendantâs
guilt may be drawn from the circumstances.â State v. Fritsch, 351 N.C. 373, 379
(2000) (quoting State v. Barnes, 334 N.C. 67, 75 (1993)). All evidence is viewed in the
light most favorable to the state. Id. at 378â79 (citation omitted). However,
unreasonable inferences, suspicion, conjecture, and mere speculation do not save a
case from a motion to dismiss. Id.at 378 (citing Barnes,334 N.C. at 75
).
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¶ 21 The heightened level of intent required by the statute is no accident. The
General Assembly amended the sex offender registration law in 2006 and, among
other things, increased the required level of intent so that only âwillfulâ registration
violations were criminalized. An Act To Protect North Carolinaâs Children/Sex
Offender Law Changes, S.L. 2006-247, § 8, 2005 N.C. Sess. Laws (Reg. Sess. 2006)
1065, 1070â71 (amending N.C.G.S. § 14-208.11). The word âwillful,â when used in a
criminal statute, âmeans something more than an intention to do a thing.â State v.
Dickens, 215 N.C. 303, 305(1939) (quoting State v. Whitener,93 N.C. 590, 592
(1885)).
Willfulness requires doing an act âpurposely and deliberately in violation of law.â
State v. Ramos, 363 N.C. 352, 355(2009) (quoting State v. Arnold,264 N.C. 348, 349
(1965) (per curiam)). Additionally, â[f]alse pretense occurs when one makes an untrue
representation to another that is calculated and intended to deceive.â State v. Parks,
147 N.C. App. 485, 489 (2001) (citation omitted).
¶ 22 While our law no longer strictly forbids stacking inferences upon each other,
State v. Childress, 321 N.C. 226, 232 (1987), in this case the link between the
circumstances proved by direct evidence and the inferences drawn from these
circumstances stretches too far. We consider each fact relied upon by the Court of
Appeals in turn.
¶ 23 First, it is certainly possible for one to have two addresses in the same day. A
change of address is not a delayed transformation that kicks in only at the stroke of
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midnight. See State v. Worley, 198 N.C. App. 329, 338 (2009) (â[T]he sex offender
registration statutes operate on the premise that everyone does, at all times, have an
âaddressâ of some sort, even if it is a homeless shelter, a location under a bridge or
some similar place.â (emphasis added)). No intent to deceive can be inferred from
defendantâs representation that he had different addresses in the morning and the
evening. This is what any person would say on moving day. Moreover, the sex offender
change of information form provided by the sheriff does not have a space to indicate
the last effective date for an address. Instead, registrants must indicate that a
provided address is outdated by submitting new, superseding information. The forms
defendant submitted are consistent with reporting a past address that is still ânewâ
to the sheriffâs office.
¶ 24 Second, the fact that defendant was seen in Building 602 once does not give
rise to any inference regarding where defendant lived. â[M]ere physical presence at a
location is not the same as establishing a residence.â Crockett, 368 N.C. at 723
(alteration in original) (quoting State v. Abshire, 363 N.C. 322, 332 (2009)). The jury
must look â[b]eyond mere physical presenceâ to âactivities possibly indicative of a
personâs place of residence.â Id.(quoting Abshire,363 N.C. at 332
). Here, the
apartment manager did testify that she saw defendant in Building 602, but she also
testified that she saw him there only once, and that he had no written lease, did not
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claim to live there, and merely stated that âweâll be out by morning.â This evidence is
too speculative to establish that defendant lived in Building 602.
¶ 25 Third, the Court of Appeals majority relied on insufficient evidence when it
considered that âan occupant of the apartment where Defendant claimed he lived
informed a deputy that Defendant did not live there.â Lamp, 2021-NCCOA-698, ¶ 13.
Defendant objected to these statements at trial and they were never heard by the
jury. The only evidence the jury heard was Deputy Jamesâs testimony that defendant
did not answer the door. But at that point in time, defendant had already informed
the sheriffâs office that he no longer resided at Foxcroft Apartments and was homeless
again. Failing to answer the door at an old address does not support an inference that
defendant had never resided at that address. Cf. Crockett, 368 N.C. at 723 (noting
that mere presence does not indicate residence, suggesting that mere absence does
not indicate non-residence).
¶ 26 Fourth, there is no evidence in the record that defendant provided an incorrect
address. As discussed above, all the evidence offered by the State as to who lived in
Building 604 was excluded and never presented to the jury. All the jury was told is
that defendant did not answer the door after his reported move out date. Even if
misrepresentations can serve as circumstantial evidence of deceptive intent, there is
no evidence in this record that defendant misrepresented his address.
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¶ 27 Fifth, Deputy Jamesâs testimony does not raise an inference of deceptive intent.
Deputy James conceded that he did not know defendant had signed the homeless
check-in log on 25 June. Moreover, the deputy testified that he concluded defendant
was being deceptive because defendant completed the check-in process around 5:00
p.m. each time. Evidence of regular compliance with the law is hardly substantial
evidence of a calculated plan to willfully violate the law.
¶ 28 Finally, the Stateâs motive theory is illogical. According to the State, defendant
knew that he needed to provide an address, and âcouldnât say he was homeless,â and
so he lied and gave a false address to buy time. But this theory does not add up. First,
defendant said he was homeless when he signed the homeless check-in log. Second, if
defendant really lived in Building 602 and had just been evicted, there would be no
apparent reason to lie and say that he lived in Building 604. Reporting an accurate
old address would have explained why defendant did not show up for the homeless
check-ins on 21 and 24 June. Finally, the fact that defendant signed the homeless
check-in log, thus voluntarily assuming the burden of checking in three times a week
moving forward, utterly fails to support any inference that he was trying to avoid this
burden.
III. Conclusion
¶ 29 Here, even viewed in the light most favorable to the State, the evidence in the
record is insufficient to support an inference that defendant willfully provided
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information under false pretenses. Accordingly, we reverse the Court of Appealsâ
decision upholding defendantâs conviction for violating N.C.G.S. § 14-208.11(a)(4);
without this conviction, there is no substantive offense to support a finding of
habitual felon status. We therefore remand this case to the Court of Appeals for
further remand to the trial court with instructions to vacate defendantâs conviction
for failure to comply with the sex offender registry and the resulting judgment
entered by the trial court.
REVERSED AND REMANDED.
Justice BARRINGER dissenting.
¶ 30 The issue in this case is whether the State failed to present evidence from
which a reasonable inference may be drawn that defendant had the requisite intent
to willfully deceive when he gave an incorrect address to the police. When viewing
the evidence in the light most favorable to the State, the State presented substantial
evidence by which a reasonable jury could conclude that there was sufficient evidence
of defendantâs guilt. However, the majority applies the wrong standard of review by
erroneously reweighingâand manufacturingâtheir own version of the facts in the
light most favorable to defendant and taking the case out of the hands of the jury.
Therefore, I respectfully dissent.
I. Background
¶ 31 On 19 April 2001, defendant was convicted of attempted second-degree
kidnapping of a minor and was required to register as a sex offender. See N.C.G.S.
§ 14-208.6(1m) (2021); N.C.G.S. § 14-208.6A (2021). Defendant had been registered
as a sex offender without address and had previously signed the Sex Offender
Without Address Check-In Log (homeless log). He signed the log on 12 June 2019. On
25 June 2019, defendant reported his address as 1010 Foxcroft Lane, Building 604,
Apartment A6. The same day, defendant signed the Sex Offender Without Address
Check-In Log representing that he did not have an address.
¶ 32 The next day, Deputy Cody James performed a sex-offender compliance check
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at 1010 Foxcroft Lane, Building 604, Apartment A6. Another man opened the door,
and Deputy James did not see anyone else at the apartment. Deputy James then
spoke to the apartment manager, who later provided a written statement regarding
her previous interactions with defendant. Roughly two months later, a grand jury
indicted defendant for submitting under false pretenses the information required by
the Sex Offender and Public Protection Registration Program. See N.C.G.S. § 14-
208.11(a)(4) (2021).
¶ 33 Remarkably, the majority states that Deputy James performed a compliance
check at â604 Foxcroft Terrace Apt. A6,â rather than the address defendant had
provided. Clearly, the record does not support this assertion. Rather, the record
reflects that defendant registered his address as â1010 Foxcroft Ln Building # 604
Apt. A6 Statesville N.C. 28677â and Deputy James âattempt[ed] a compliance check
regarding the defendant . . . [at] the apartment listed as 1010 Foxcroft, Building 604.â
¶ 34 At trial, Deputy James testified as to the events previously described. Deputy
James also testified that he believed defendant was trying to trick him and avoid
supervision by providing an incorrect address. Deputy James further testified that
by providing an address on 25 June 2019, defendant had an excuse from signing the
homeless log on 21 June 2019 and 24 June 2019. In addition, the jury heard
testimony from the apartment manager, Heidi Daelhouser, who testified that
defendant answered the door of Apartment A6, Building 602, on 25 June 2019 when
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she knocked on the apartmentâs door. She also testified that defendant did not âhave
any type of . . . lease agreement with [the] apartments.â
¶ 35 The majority implies that defendant was going to be evicted from the
apartment. However, the record does not reflect that eviction proceedings began
against defendant. Additionally, the majority states that âthe fact that defendant was
seen in Building 602 once does not give rise to any inference regarding where
defendant livedâ and that the âevidence is too speculative to establish that defendant
lived in Building 602.â To be clear, Ms. Daelhouser saw defendant answer the door to
the apartment when she knocked. Furthermore, defendant stated, âweâll be out by
morning,â indicating that he resided at the apartment. This goes beyond âmere
presenceâ and certainly demonstrates âactivities possibly indicative of a personâs
place of residence.â State v. Crockett, 368 N.C. 717, 723 (2016) (quoting State v.
Abshire, 363 N.C. 322, 332 (2009)). The majority also claims that defendant was at âa
friendâs apartment.â There is nothing in the record to support this assertion.
¶ 36 At the close of the Stateâs evidence, defendant made a motion to dismiss for
insufficient evidence, arguing that âthere is not enough evidence that [defendant]
wrote that apartment number down to deceive his supervision.â The trial court denied
the motion, finding that âthere is evidence for the jury to consider.â Defendant did not
present any evidence during his case-in-chief. At the close of all evidence, defendant
renewed his motion to dismiss.
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II. Standard of Review
¶ 37 The question for a court on a motion to dismiss for insufficient evidence âis
whether there is substantial evidence . . . of each essential element of the offense
charged, or of a lesser offense included therein.â State v. Powell, 299 N.C. 95, 98
(1980). âIf so, the motion is properly denied.â Id. Substantial evidence is the same as
more than a scintilla of evidence. Id. at 99.
In reviewing challenges to the sufficiency of evidence, we
must view the evidence in the light most favorable to the
State, giving the State the benefit of all reasonable
inferences. Contradictions and discrepancies do not
warrant dismissal of the case but are for the jury to resolve.
The test for sufficiency of the evidence is the same whether
the evidence is direct or circumstantial or both.
Circumstantial evidence may withstand a motion to
dismiss and support a conviction even when the evidence
does not rule out every hypothesis of innocence. If the
evidence presented is circumstantial, the court must
consider whether a reasonable inference of defendantâs
guilt may be drawn from the circumstances. Once the court
decides that a reasonable inference of defendantâs guilt
may be drawn from the circumstances, then it is for the
jury to decide whether the facts, taken singly or in
combination, satisfy it beyond a reasonable doubt that the
defendant is actually guilty.
State v. Barnes, 334 N.C. 67, 75â76 (1993) (cleaned up). âWhen ruling on a motion to
dismiss, the trial court should be concerned only about whether the evidence is
sufficient for jury consideration, not about the weight of the evidence.â State v.
Fritsch, 351 N.C. 373, 379 (2000).
STATE V. LAMP
2022-NCSC-141
Barringer, J., dissenting
III. Analysis
¶ 38 Subsection 14-208.11(a) establishes that â[a] person required by this Article to
register [with the sex offender registry] who willfully . . . [f]orges or submits under
false pretenses the information or verification notices required under this Articleâ is
guilty of a Class F felony. N.C.G.S. § 14-208.11(a).
¶ 39 âIntent is a mental attitude seldom provable by direct evidence. It must
ordinarily be proved by circumstances from which it may be inferred.â State v. Bell,
285 N.C. 746, 750 (1974). Willful intent âimplies committing the offense purposely
and designedly in violation of law.â State v. Stephenson, 218 N.C. 258, 264 (1940). A
defendant acts âunder false pretensesâ when they represent a falsity with the intent
to deceive. State v. Parker, 354 N.C. 268, 284 (2001). â[T]he false pretense need not
come through spoken words, but instead may be by act or conduct.â Id.
¶ 40 As accurately described by the Court of Appeals, and acknowledged by the
majority, the evidence at trial showing intent was as follows:
(1) on 25 June 2019, [d]efendant represented both that he
resided at 1010 Foxcroft Lane, Building 604, Apartment
A6, and that he was homelessâtwo things that could not
both be true; (2) that very same day, [d]efendant was seen
at Building 602, Apartment A6, not Building 604,
Apartment A6, where he represented to the Sheriffâs Office
he resided, suggesting that he did not, in fact, reside in
Building 604 despite representing that he did (but which
could also tend to show that he resided in neither place,
and was homeless on 25 June 2019); and (3) on
26 June 2019, an occupant of the apartment where
[d]efendant claimed he lived informed a deputy that
STATE V. LAMP
2022-NCSC-141
Barringer, J., dissenting
[d]efendant did not live there. . . .
. . . Deputy James [testified] that [he] believed the
[d]efendant was trying to trick [him] and avoid supervision
by providing an incorrect address. The jury also heard
[from Deputy James] of a potential motive that by
providing an address on 25 June 2019, this gave
[d]efendant an excuse from signing the homeless log on
21 June 2019 and 24 June 2019.
State v. Lamp, 281 N.C. App. 138, 2021-NCCOA-698, ¶¶ 13â14.
¶ 41 Here, the majority improperly invades the province of the jury and
painstakingly reweighs each fact presented for the juryâs consideration in over three
pages of discussion, clearly violating the requisite standard of review. Evidence must
be viewed âin the light most favorable to the State, giving the State the benefit of all
reasonable inferences. Contradictions and discrepancies . . . are for the jury to
resolve.â Barnes, 334 N.C. at 75(1993) (citing State v. Benson,331 N.C. 537, 544
(1992)).
¶ 42 âIf the law is against you, argue the facts.â Evidently, if the facts are against
you, invent your own. The majority here is inventing their own version of the facts,
with absolutely no support in the record. There is no evidence to support that
defendant moved into a âfriendâs apartment.â There is no evidence to support that
defendant was being evicted. There is no evidence to support that Deputy James
attempted to verify an âoutdatedâ address. There is no evidence to support that
âdefendant has already informed the sheriffâs office that he no longer resided at
STATE V. LAMP
2022-NCSC-141
Barringer, J., dissenting
Foxcroft Apartments and was homeless againâ when Deputy James performed a
compliance check. Not only is there no evidence to support that Deputy James
performed a compliance check on the wrong apartment, the record and transcript
directly contradict this assertion made by the majority. Yet the majority states these
are the facts of the case.
¶ 43 When the evidence in the record is viewed in the light most favorable to the
State, a reasonable jury could have inferred, and in fact did infer, that defendant had
the requisite intent to willfully submit an incorrect address under false pretenses.
The evidence presented by the State is âmore than a scintillaâ and is sufficient to
survive a motion to dismiss. Powell, 299 N.C. at 99. Additionally, â[c]ircumstantial
evidence may withstand a motion to dismiss and support a conviction even when the
evidence does not rule out every hypothesis of innocence.â Barnes, 334 N.C. at 75
(quoting State v. Stone, 323 N.C. 447, 452 (1988)). Although defendant argued an
hypothesis of innocence, the ultimate merits of his hypothesis should be weighed by
the jury, as it did during defendantâs trial, not reweighed by this Court. See id.
¶ 44 Therefore, the trial court did not err by denying the motion to dismiss, and the
Court of Appeals did not err by holding that there was no reversible error.
Accordingly, I respectfully dissent.
Chief Justice NEWBY and Justice BERGER join in this dissenting opinion.