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State v. Blackwell9/7/2004
a motion to dismiss should only be concerned with the legal sufficiency of the evidence to support a verdict, not its weight, which is a matter for the jury. State v. Sokolowski, 351 N.C. 137, 143, 522 S.E.2d 65, 69 (1999). The evidence must be considered in the light most favorable to the State and the State must be given the benefit of every reasonable inference from that evidence. State v. Lucas, 353 N.C. 568, 581, 548 S.E.2d 712, 721 (2001). "If there is substantial evidence--whether direct, circumstantial, or both--to support a finding that the offense charged has been committed and that the defendant committed it, the case is for the jury and the motion to dismiss should be denied." State v. Locklear, 322 N.C. 349, 358, 368 S.E.2d 377, 383 (1988).
To convict a defendant under N.C. Gen. Stat. § 20-28(a) of driving while license revoked, the State has to prove (1) the defendant operated a motor vehicle (2) on a public highway (3) while his operator's license was suspended or revoked, and (4) that he had actual or constructive knowledge of the suspension or revocation. State v. Atwood, 290 N.C. 266, 271, 225 S.E.2d 543, 545 (1976). A rebuttable presumption that a defendant had knowledge that his license was revoked at the time charged arises "when, nothing else appearing [the State] has offered evidence of compliance with the notice requirements of G.S. 20-48 . . . ." State v. Chester, 30 N.C. App. 224, 227, 226 S.E.2d 524, 526 (1976); see also Atwood, 290 N.C. at 271, 225 S.E.2d at 545. As stated in Chester, in a prosecution for violation of G.S. 20-28(a) and the evidence for the State discloses that the Department complied with the notice requirements of G.S. 20-48: (1) where there is no evidence that defendant did not receive the notice mailed by the Department, it is not necessary for the trial court to charge on guilty knowledge; (2) where there is some evidence of failure of defendant to receive the notice or some other evidence sufficient to raise the issue, then the trial court must, in order to comply with G.S. 1-180 and apply the law to the evidence, instruct the jury that guilty knowledge by the defendant is necessary to convict; and (3) where all the evidence indicates thatdefendant had no knowledge of the suspension or revocation of license, a non-suit should be granted.
Chester, 30 N.C. App. at 227-28, 226 S.E.2d at 526-27 (emphasis supplied).
In this case, the State argues Defendant was on notice that his license was revoked by three prior convictions which resulted in the permanent revocation of his license. The latest conviction occurred on 12 August 1996, approximately six months before the offense in this case. Three prior convictions, resulting from Defendant's guilty pleas, were presented to the jury--(1) a 12 August 1996 consolidated judgment involving ten driving while license revoked charges; (2) a 6 February 1995 judgment for driving while license permanently revoked; and (3) a 22 February 1993 judgment for driving while license revoked.
Under N.C. Gen. Stat. 20-28(c), a person whose license has been revoked under this section for one years may apply for a license after 90 days. A person whose license has been revoked under this section for two years may apply for a license after 12 months. A person whose license has been revoked permanently may apply for a license after three years.
Thus, the evidence shows that at the time of the present incident, Defendant was on notice that his license had been revoked. Indeed, Defendant pled guilty to and was convicted of driving while license permanently revoked on 6 February 1995 which precluded Defendant from applying for a license until 6 February 1998, three years later. Although the preferred method
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