State v. Chillo

JACKSON, Judge.

Justin Hastings Chillo (“defendant”) appeals his 28 October 2009 conviction of breaking or entering a motor vehicle. For the reasons set forth below, we reverse.

On 6 December 2008 at approximately 1:00 a.m., defendant picked up his friend, Cameron Moser (“Moser”), from Moser’s mother’s residence in Bethel, North Carolina. Moser understood that they would be “hanging out” with two girls that night. Defendant drove them to Walmart in Greenville, North Carolina, and, according to Moser, defendant stole a spark plug from Walmart’s hardware department at approximately 1:30 a.m.

After…