State v. Williams

COZORT, Judge.

The State appeals, pursuant to N.C. Gen. Stat. § 15A-1445, the trial court’s order dismissing the indictment charging defendant Maggie Williams with food stamp fraud.

The single issue presented in this appeal is whether the trial court erred in ruling each food stamp payment the defendant received was a separate occurrence and could not be combined to prove the felony amount of more than $400.00 in violation of N.C. Gen. Stat. § 108A-53. We hold that the trial court erred and that the case should not have been dismissed.

The indictment charged defendant with obtaining $4,731.00 of…