State v. Winston

MARTIN (Harry C.), Judge.

We hold the trial judge erred by denying defendant’s motion to dismiss the action at the close of the state’s evidence. N.C. Gen. Stat. 15A-1227(a)(l). For the state to survive the motion to dismiss, it must present evidence that defendant entered a building within the meaning of N.C.G.S. 14-54(b) and that he did so wrongfully, that is, that he entered without any consent or permission of the owner or occupant. State v. Boone, 39 N.C. App. 218, 249 S.E. 2d 817 (1978), modified and aff'd, 297 N.C. 652, 256 S.E. 2d 683 (1979). See N.C.P.I.-Crim. 214.34 (1978).

Defendant…