State v. Smith, 225 N.C. App. 471 (Feb. 5, 2013)

(1) In a resisting, delaying, obstructing case, the trial court did not err by instructing the jury that an arrest for indecent exposure would be a lawful arrest where the defendant never claimed at trial that he was acting in response to an unlawful arrest, nor did the evidence support a reasonable inference that he did so. Although the defendant argued on appeal that the arrest was not in compliance with G.S. 15A-401, the evidence indicated otherwise. (2) The court rejected the defendant’s argument that the evidence was insufficient to establish that he willfully resisted arrest. Responding to a call about indecent exposure, the officer found the defendant in his car with his shorts at his thighs and his genitals exposed. When the defendant exited his vehicle his shorts fell to the ground. The defendant refused to give the officer his arm or put his arm behind his back. According to the defendant he was merely trying to pull up his pants.