No. COA98-266.

510 S.E.2d 698 (1999)

STATE of North Carolina v. Douglas Berwin BENNETT.

Court of Appeals of North Carolina.

February 2, 1999.

Attorney(s) appearing for the Case

Attorney General Michael F. Easley by Special Deputy Attorney General J. Allen Jernigan, for the State.

Appellate Defender Malcolm Ray Hunter, Jr. by Assistant Appellate Defender Danielle M. Carman, Durham, for defendant-appellant.

WALKER, Judge.

The defendant was convicted of maliciously damaging occupied real property by using an incendiary device under N.C. Gen.Stat. § 14-49.1 and was sentenced to an active term of 120 to 153 months. The State's evidence tended to show the following: On 10 February 1997, Deputy Wayne Hasenmayer of the Anson County Sheriff's Department went to defendant's mother's home to attempt to serve an arrest warrant on defendant for damaging real property. Defendant...

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