STATE v. BURGE

No. COA10-493.

710 S.E.2d 446 (2011)

STATE of North Carolina v. William BURGE, Jr., Defendant.

Court of Appeals of North Carolina.

May 17, 2011.


Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Assistant Attorney General Joan M. Cunningham , for the State.

Ryan McKaig , Raleigh, for defendant-appellant.


GEER, Judge.

Defendant William Burge, Jr. appeals from a judgment sentencing him for commission of a Class 1 misdemeanor based on the jury's finding him guilty of failing to confine a dangerous dog. Because defendant was charged only with violation of N.C. Gen.Stat. § 67-4.2 (2009), a Class 3 misdemeanor, we must vacate and remand for resentencing.

Facts

The State's evidence tended to show...

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