State v. Nickens, ___ N.C. App. ___, 821 S.E.2d 864 (Nov. 6, 2018)

The trial court did not err by denying the defendant’s motion to dismiss a charge of resisting an officer. The defendant argued that the State presented insufficient evidence that the officer was discharging a duty of his office. Here, the officer was discharging a duty falling within the scope of G.S. 20-49 and 20-49.1. Specifically, commanding the defendant to leave the premises of a DMV office and arresting her when she failed to comply with that command. Additionally, under G.S. 15A-401 an officer may arrest without a warrant any person the officer has probable cause to believe has committed a criminal offense in the officer’s presence. When the defendant refused to leave the DMV office, the officer had probable cause to believe that the defendant committed a crime.