STATE v. MARSH

No. COA07-305.

652 S.E.2d 744 (2007)

STATE of North Carolina. v. Sandy MARSH, aka Ahmed Abdul Rahaman.

Court of Appeals of North Carolina.

November 20, 2007.


Attorney(s) appearing for the Case

Attorney General Roy A. Cooper, III, by Assistant Attorney General V. Lori Fuller, for the State.

William D. Spence, Kinston, for defendant-appellant.


STEELMAN, Judge.

When the jury found defendant not guilty of felonious breaking or entering and this was the only basis for a conviction of felonious possession of stolen goods, defendant must be re-sentenced for a misdemeanor. Where the defendant is convicted of a charge different from that charged in the indictment, judgment must be arrested.

I. Factual Background

On the morning of 10 March 2005 Patrol Officer Joseph Sellers (Sellers) observed...

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