State v. Chamberlain

STEPHENS, Judge.

Evidence and Procedural History

On 31 December 2011, the district court in Durham County issued a misdemeanor criminal summons (“First Summons”) asserting that probable cause was present to believe that Christine Rena Chamberlain (“Defendant”) committed one count of injury to real property. According to the summons, Anthony Waraksa (“Waraksa”), the complainant, alleged that Defendant destroyed “THREE LIGUSTRUM TREES” located on his property on 5 April 2011. The case was later dismissed by the district court due to a “fatal variance.” 1

Following dismissal, on 22 July 2012, the…