State v. Simpson, 230 N.C. App. 119 (Oct. 15, 2013)

The trial court erred by denying the defendant’s motion to dismiss a charge of maintaining a vehicle for use, storage, or sale of a controlled substance. The statute provides two ways to show a violation: first, that the defendant knowingly allowed others to resort to his vehicle to use drugs; and second, that the defendant knowingly used the dwelling for the keeping or selling of drugs. The court reasoned that the defendant could not be convicted under the first prong because of his own use of drugs in his vehicle and that the State presented no evidence as to the second prong. [Author’s note: the court does not explain why the State’s evidence that the defendant’s acquaintance also “got[] high” with the defendant in the defendant’s vehicle was insufficient to prove the first prong.]