The crime of Maintaining a Store, Dwelling, Vehicle, Boat, or Other Place for Use, Storage, or Sale of Controlled Substances is a common one. In fact, AOC statistics show that this offense was charged over 14,000 times statewide in 2010. At trial, this crime presents a couple of complicated issues. One is: how does the State prove that the defendant “kept or maintained” the relevant property for the prohibited purposes? In determining whether a person keeps or maintains property, the courts have considered the following factors: that the defendant had title to or owned the property, State v. Spencer, 192 N.C. App. 143, 148 (2008); State v. Bowens, 140 N.C. App. 217, 221 (2000); State v. Allen, 102 N.C. App. 598, 608-09 (1991); that the defendant paid taxes on the property, Spencer, 192 N.C. App. at 148; Bowens, 140 N.C. App. at 221; that the defendant paid for repairs to or maintenance of the property, Spencer, 192 N.C. App. at 148; State v. Frazier, 142 N.C. App. 361, 365 (2001); Bowens, 140 N.C. App. at 221; that the defendant paid rent on the property; Spencer, 192 N.C. App. at 148; State v. Hart, 179 N.C. App. 30, 41-42 (2006); Frazier, 142 N.C. App. at 366; Bowens, 140 N.C. App. at 221; State v. Alston, 91 N.C. App. 707, 711 (1988); that the defendant paid the property’s utility bills or contributed to expenses associated with the property, State v. Fuller, 196 N.C. App 412, 424 (2009); Spencer, 192 N.C. App. at 148; [...]
Faculty Coordinators
