State v. Mitchell, ___ N.C. App. ___, 817 S.E.2d 455 (Jun. 5, 2018)

(1) The trial court did not err by denying the defendant’s motion to dismiss a felony stalking charge. Felonious stalking occurs when the defendant commits the offense while a court order is in effect prohibiting the conduct at issue. The State presented evidence that at the time of the conduct at issue, the defendant was subject to conditions of pretrial release orders specifying that he have no contact with the victim. The defendant asserted that he was not subject to these orders because he never posted bond and remained in jail during the relevant time period. He argued that because he was not “released,” the conditions of release orders could not apply to him. The court rejected this argument finding that the relevant orders were in effect until the charges were disposed of, regardless of whether the defendant remained committed or was released. Here, two separate pretrial conditions orders were at issue. The court found that at all relevant times either the first order, the second order or both were in effect. Furthermore, the orders included the prohibition that the defendant have no contact with the victim.

(2) The trial court did not err by denying the defendant’s motion to dismiss felony obstruction of justice charges. The obstruction of justice charges involved sending threatening letters. The defendant argued that this conduct could not be elevated to a felony because the offense does not include the elements of secrecy and malice. The court rejected this argument, noting that obstruction of justice may be elevated to a felony under G.S. 14-3(b) when it is done in secrecy and malice, or with deceit and intent to defraud. Thus, the trial court properly denied the defendant’s motion to dismiss charges of felony obstruction of justice and felony attempted obstruction of justice.