State v. Burge

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 the following facts. In 2007, defendant’s two dogs were formally designated as dangerous dogs under N.C. Gen. Stat. § 67-4.1 (2007) by the appropriate county board. As a result of this designation, defendant…