State v. Fuller, 196 N.C. App. 412 (Apr. 21, 2009)

There was insufficient evidence to establish that the defendant “maintained” the dwelling. Evidence showed only that the defendant had discussed, with the home’s actual tenant, taking over rent payments but never reached an agreement to do so; a car, similar to defendant’s was normally parked at the residence; and the defendant’s shoes and some of his personal papers were found there.

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