LEVINSON, Judge.
Defendant (Michael Teeter) appeals from judgment entered upon his conviction of burning a garage in violation of N.C.G.S. § 14-62 "Burning of Certain Buildings." For the reasons that follow, we conclude his conviction must be vacated.
The relevant facts are not in dispute, and are summarized as follows: On 14 January 2002 defendant was charged with first degree arson in an indictment alleging in pertinent part that the defendant
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