STATE v. SURCEY

No. COA99-937.

533 S.E.2d 479 (2000)

STATE of North Carolina v. Charles Redding SURCEY, Defendant.

Court of Appeals of North Carolina.

August 1, 2000.


Attorney(s) appearing for the Case

Attorney General Michael F. Easley, by Assistant Attorney General Marilyn R. Mudge, for the State.

Appellate Defender Malcolm Ray Hunter, Jr., by Assistant Appellate Defender Bobbi Jo Markert, for defendant-appellant.


SMITH, Judge.

Defendant appeals a judgment entered on conviction by a jury of first-degree burglary and discharging a firearm into an occupied dwelling. Defendant contends this Court must vacate or reverse one of the convictions because they are mutually exclusive offenses. We agree.

The State's evidence at trial tended to show the following: On 13 September 1998 at approximately 10:00 p.m., Lloyd Pete McLamb (McLamb), while sitting in his living room, heard...

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