State v. Kendall

This is an appeal by Michael Kendall (hereinafter “Appellant”) from an order of the Circuit Court of Gilmer County sentencing the Appellant to twenty days in jail and five years of probation based upon a jury conviction of burglary and three counts of brandishing. The Appellant challenges his conviction, asserting several assignments of error on appeal. Based upon thorough review of the record, briefs, arguments of counsel, and applicable precedent, this Court reverses the lower court and remands this matter for a new trial.

I. Factual and Procedural History

The Appellant, while employed as a…