State v. McDougal

857 S.E.2d 146 (Table)

STATE of North Carolina,

v.Lacreisha Rene MCDOUGAL, Defendant.

No. COA20-474

Court of Appeals of North Carolina.

Filed April 20, 2021

Attorney General Joshua H. Stein, by Assistant Attorney General Benjamin T. Spangler, for the State.

Meghan Adelle Jones, for Appellant-Defendant

CARPENTER, Judge.

¶ 1 Lacreisha Rene McDougal ("Defendant") appeals pursuant to N.C. Gen. Stat. § 15A-1444(a) and N.C. Gen. Stat. § 7A-27 from judgment entered after a jury found her guilty of one count of uttering a forged instrument pursuant to N.C. Gen. Stat. § 14-120 and one count of obtaining property by false pretenses pursuant to N.C. Gen. Stat. § 14-100. Defendant contends that the trial court erred in denying her motion to dismiss the charges because the State failed to prove the requisite knowledge and intent elements of the crimes.

I. Factual & Procedural Background

¶ 2 The evidence at trial tended to show the following: on 26 July 2018, Defendant presented a check in the amount of $792.46 to Pamela Allen ("Ms. Allen"), a teller supervisor, at the Southern Bank branch located on Sunset Avenue in Rocky Mount, North Carolina. The check was drawn on a "Sessoms Packing in Ahoskie" business checking account held at Southern Bank and was made out to "Lacreisha R. McDougal." Ms. Allen testified that the check "appear[ed] to be real." She proceeded to cash it after verifying Defendant's driver's license, handwriting her driver's license information on the check, and obtaining a fingerprint from Defendant. The bank's internal risk management department later contacted the branch regarding the authenticity of the check.

¶ 3 A former owner of Sessoms Packing Company ("Sessoms Packing"), 79-year-old Rossa Sessoms ("Ms. Sessoms"), testified for the State. Although she admitted at trial to having some memory issues, she testified to the following: she "kn[ew] that something happened with a check" belonging to Sessoms Packing; Sessoms Packing was no longer in business as of the date of the trial; Sessoms Packing banked with Southern Bank, and its business checks were imprinted with the name of the bank as well as a "little pig at the top"; only she had written and signed checks for the company; and she did not recall Defendant ever working for her small business nor did she remember ever writing her a check. When asked if her home had ever been broken into, Ms. Sessoms responded, "I can't recall that date."

¶ 4 The daughter of Rossa Sessoms, Patricia Reddick ("Ms. Reddick"), testified as to her mother's involvement in Sessoms Packing and her knowledge of the business check cashed by Defendant. Specifically, she testified that "someone had written—forged some of her [mother's] checks." According to Ms. Reddick, she had received a phone call from Ms. Sessoms telling her that the bank contacted her about the check and assured her it was working to resolve the situation. Furthermore, Ms. Reddick knew that Ms. Sessoms had spoken with the police about the check incident. Ms. Reddick testified that Sessoms Packing was not in operation on 25 June 2018—the day before Defendant is alleged to have presented the check. Moreover, Defendant was never an employee of Sessoms Packing.

¶ 5 Michaela Moore ("Ms. Moore") also testified for the State. Ms. Moore identified Defendant in open court as the same person who came to her house in June 2018 and went by the names, "K" and Krea. Ms. Moore was first notified by Taleshia Jones ("Ms. Jones"), her good friend and her children's godmother, about a job opportunity to complete survey questions for compensation. Ms. Moore then met with Ms. Jones and K, who were accompanied by three men, in a park to discuss the application process. At the time, K wore a long synthetic ponytail down the middle of her back. After meeting in the park, Ms. Jones and K suggested they "go somewhere more private." The three women then headed to Ms. Moore's home to discuss the job. Ms. Moore completed an employment application, which she recalled was from "Sessoms Packing of Ahoskie." K told Ms. Moore to send her copies of her "ID" and social security card so she could be put on the payroll. Ms. Jones provided a survey package to Ms. Moore, and Ms. Moore completed two surveys from the package during their visit. Ms. Jones advised Ms. Moore that "the guys ... would contact [her] to go and cash these [payroll] checks." Approximately ten days later, two men came to her house. The men gave her two checks drawn on a "Sessoms Packing of Ahoskie" account in the amount $700 and told her that she would receive only $200 because the rest of the money would go toward buying equipment for her job. The men proceeded to drive her to two separate Southern Bank locations where she cashed one check at each location.

¶ 6 According to Scott Cofield ("Investigator Cofield"), an investigator with the Hertford County Sheriff's Office, Ms. Sessoms called his office to file a complaint after she was contacted by her bank regarding suspicious checks written on her business account. Investigator Cofield testified that he subpoenaed records from the bank including video surveillance depicting individuals cashing the Sessoms Packing checks as well as copies of checks that Ms. Sessoms had turned over to it. Ms. Sessoms had no knowledge of the "two or three computerized checks" written on her Sessoms Packing account that were made out to either Defendant or Ms. Moore. Based on his review of Ms. Sessoms’ check register, Investigator Cofield testified that there was no evidence that the checks at issue were stolen. Because some checks were cashed outside of Investigator Cofield's jurisdiction, he contacted Sergeant Steven Ezzel ("Sergeant Ezzel") in the fraud and financial crimes unit of the Rocky Mount Police Department and turned over to him all relevant evidence on the case.

¶ 7 Sergeant Ezzel testified that Defendant cashed check number 24940 at the Sunset Avenue Southern Bank location. Using a law enforcement database, Sergeant Ezzel ran the driver's license number that Ms. Allen handwrote on Defendant's cashed check. A search of the number returned driver's license images of Defendant. Sergeant Ezzel also compared images of Defendant with still-shots taken at the bank, and "was able to make a positive identification that they were the same person." According to Sergeant Ezzel, he met with Ms. Moore, and she told him that K had done most of the talking during her interview for the survey completing job. K also told her that when Ms. Moore got paid, she and Ms. Jones would then get their pay. Sergeant Ezzel showed Ms. Moore Defendant's driver's license image and the bank still-shots, and she confirmed K or Krea, was the same person.

¶ 8 Sergeant Ezzel also contacted Ms. Sessoms for additional information. She told him that she was not missing any checks, and his research confirmed that there were three checks in her register bearing the same check numbers as those presented by Defendant and Ms. Moore. She also told him that "she never signs a check until she writes it." Following his investigation, Sergeant Ezzel brought the matter to the magistrate, who found probable cause to issue warrants for the arrest of Defendant and Ms. Moore.

¶ 9 On 1 August 2019, an arrest warrant was issued, which charged Defendant with uttering a forged instrument pursuant to N.C. Gen. Stat. § 14-120 and obtaining property by false pretenses pursuant to N.C. Gen. Stat. § 14-100. On 4 February 2019, a Nash County Grand Jury indicted Defendant on one count of uttering a forged instrument, one count of obtaining property by false pretense, and one count of solicitation to commit a crime. Defendant entered a plea of not guilty. On 20 November 2019, a jury trial began in the Nash County Superior Court before the presiding judge, the Honorable Cynthia Sturges. After the close of the State's evidence, Defendant moved to dismiss the case. The trial court denied Defendant's motion. Defendant presented no evidence. On 21 November 2019, the jury returned a verdict of guilty on the charges of uttering a forged instrument and obtaining property by false pretenses. It also returned a verdict of not guilty for the charge of solicitation to commit a crime. Defendant, by and through counsel, gave oral notice of appeal before the trial court's judgment was entered. On 21 November 2019, the trial court entered judgment upon conviction for obtaining a forged instrument, imposing 10 to 21 months’ imprisonment, and uttering a forged instrument, imposing 6 to 17 months’ imprisonment to run consecutively. The trial court amended its judgment and sentence, suspending the 6-to-17-month-sentence and ordered 24 months of supervised probation.

II. Jurisdiction

¶ 10 As an initial matter, we address Defendant's petition for writ of certiorari. On 5 September 2020, Defendant filed, contemporaneously with her brief, a petition for writ of certiorari "[s]hould this Court find that [her] notice of appeal is not in compliance with Appellate Rule 4 ...."

¶ 11 Rule 4 of the North Carolina Rules of Appellate Procedure provides two means by which a party may "appeal from a judgment or order of a superior or district court rendered in a criminal action: (1) giving oral notice of appeal at trial, or (2) filing notice of appeal with the clerk of superior court and serving copies thereof upon all adverse parties within fourteen days after entry of the judgment." N.C. R. App. P. 4(a).

¶ 12 N.C. Gen. Stat. § 15A-1444 provides circumstances by which a defendant may appeal. "A defendant who has entered a plea of not guilty to a criminal charge, and who has been found guilty of a crime, is entitled to appeal as a matter of right when final judgment has been entered. " N.C. Gen. Stat. § 15A-1444(a) (2019) (emphasis added). Our Court has interpreted this section of the Criminal Procedure Act to mean that "[o]ral notice of appeal must be given after the entry of judgment." State v. Miller , 246 N.C. App. 330, 335, 783 S.E.2d...