State v. Farrar

McCullough, Judge.

Defendant appeals from the trial court’s denial of his motion to dismiss the charges of attempted robbery and first-degree burglary and asserts that, as to the charge of first-degree burglary, there was a fatal variance between the indictment and the instructions given by the trial judge to the jury. We find no error in the denial of the motion to dismiss but reverse and vacate the conviction of first-degree burglary.

FACTS.

On 18 January 2005, defendant Pierre Torez-Omar Farrar was indicted for robbery with a dangerous weapon and first-degree burglary. On 7 February 2005,…