State v. Mitchell

GEER, Judge.

Defendant Markeith Rayshoun Mitchell appeals from his convictions of felonious breaking or entering a motor vehicle, first degree trespass, injury to real property, and attempted larceny. On appeal, defendant primarily contends that the trial court erred in denying his motion to dismiss the charge of breaking or entering and in instructing the jury on a charge of “breaking or entering” when the indictment charged “breaking and entering.” We hold that because of the disjunctive language of N.C. Gen. Stat. § 14-56 (2013), the State need not prove both a breaking and an entering and…