STATE v. USSERY

No. 926SC41.

416 S.E.2d 610 (1992)

106 N.C. App. 371

STATE of North Carolina v. Derrick Keith USSERY.

Court of Appeals of North Carolina.

June 2, 1992.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. K.D. Sturgis, Raleigh, for the State.

Appellate Defender Malcolm Ray Hunter, Jr. by Asst. Appellate Defender Teresa A. McHugh, Raleigh, for defendant, appellant.


HEDRICK, Chief Judge.

Defendant first argues that the trial court erred by denying his motions to dismiss because the evidence presented was insufficient. Specifically, defendant contends there was no evidence presented that the offense was committed within 300 feet of the legal boundary of a school. We disagree.

In ruling on a motion to dismiss, the trial court must determine whether the State presented substantial evidence of each element of the offense...

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