State v. Bennett

WALKER, Judge.

The defendant was convicted of maliciously damaging occupied real property by using an incendiary device under N.C. Gen. Stat. § 14-49.1 and was sentenced to an active term of 120 to 153 months. The State’s evidence tended to show the following: On 10 February 1997, Deputy Wayne Hasenmayer of the Anson County Sheriffs Department went to defendant’s mother’s home to attempt to serve an arrest warrant on defendant for damaging real property. Defendant was standing outside the home wearing blue jeans and a t-shirt. Hasenmayer noticed the defendant smelled strongly of alcohol. When…