State v. Mitchell

MARTIN, Judge.

Defendant’s sole contention on appeal is that the trial court erred in denying defendant’s motion to dismiss the charges against him. We disagree.

In ruling on a motion to dismiss, the trial court must determine whether there is substantial evidence of each element of the offense charged and that defendant was the perpetrator of the offense. State v. Odom, 99 N.C. App. 265, 393 S.E.2d 146, disc. review denied, 327 N.C. 640, 399 S.E.2d 332 (1990). All evidence, whether direct or circumstantial, must be considered in the light most favorable to the State, and the State is entitled…