State v. Garcia

GREENE, Judge.

Israel Campos Garcia (Defendant) appeals a judgment dated 15 March 2000 entered consistent with a jury verdict finding him guilty of simple assault.

On 13 February 1998, a Mecklenburg County Magistrate issued a warrant for Defendant’s arrest finding there was probable cause that on 12 February 1998, Defendant “did unlawfully, and willfully assault Lori Rupp [(Rupp)] by means of jumping from the bushes and chasing the victim causing her to deviate from her normal activities” in violation of N.C. Gen. Stat. § 14-33(a).

Prior to trial, Defendant made a motion to dismiss the warrant…