State v. Peters, ___ N.C. App. ___, 804 S.E.2d 811 (Sept. 5, 2017)

The evidence was sufficient to sustain a conviction for resisting, delaying, and obstructing an officer (RDO). The court rejected the argument that the evidence was insufficient evidence to show that the defendant delayed or intended to delay an officer. The officer responded to a Walmart store, where a loss prevention officer had detained the defendant for theft. When the officer asked the defendant for an identification card, the defendant produced a North Carolina ID. The officer then radioed dispatch, asking for information related to the license number on the identification. Dispatch reported that the name associated with the identification number different from the one listed on the identification card. The officer asked the defendant if the numbers were correct, and the defendant confirmed that they were. Upon further questioning the defendant noted that there may have been a missing “8” at the end of the identification number. The defendant confirmed that no other numbers were missing. However dispatch again reported that the name did not match the new identification number. The officer then asked dispatch to search using the defendant’s name and date of birth. The search revealed that the defendant’s identification number also included a “0.” The defendant was charged with RDO based on verbally giving an incorrect driver’s license identification number. The evidence showed that the defendant’s conduct delayed the officer and that she intended such a delay. The court noted, in part, that the officer testified, based on his experience, that individuals being investigated for charges similar to those at issue scratch numbers off the of their identification cards to create difficulty in identification.