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STATE v. McDARIS

No. COA20-7.

852 S.E.2d 403 (2020)

STATE of North Carolina v. Zachary Dallas MCDARIS, Defendant.

Court of Appeals of North Carolina.

Filed: November 17, 2020.

Attorney(s) appearing for the Case

Attorney General Joshua H. Stein , by Assistant Attorney General Hugh A. Harris , for the State.

Mark L. Hayes , for defendant-appellant.

The trial court erred in denying a motion to dismiss a first-degree burglary charge when it considered N.C.G.S. § 14-54(a1) as the felony underlying the first-degree burglary charge and the evidence failed to support this theory, which was used as the sole basis for the conviction. We reverse Defendant's conviction and remand...

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