State v. Allah, 750 S.E.2d 903

Defendant Sabur Rashid Allah appeals a judgment sentencing him to 51–71 months for first degree burglary and 13–16 months (suspended for 24 months) for felonious restraint and threatening, with probation conditions.
Trial court denied motion to dismiss first degree burglary; jury convicted on felonious restraint and threats, acquitted on assault on a female.
Evidence showed Defendant exited party intoxicated, later entered Ms. James’ apartment, found Pickett, dragged her to a car, and made threats to kill.
State alleged intent to commit felonious restraint inside the James’ apartment; record lacked evidence Defendant intended to transport Pickett by vehicle at time of entry.
Court reversed burglary conviction, remanded for entry of new judgment on misdemeanor breaking or entering; probationary judgment affirmed.
Convictions for felonious restraint and communicating threats remained intact.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for first degree burglary	State argued intent to commit felonious restraint inside the dwelling	Goldsmith requires intent inside the structure; evidence not showing intent to restrain inside	Burglary conviction vacated; remand for misdemeanor breaking or entering
Validity of probation visitation condition	Condition relates to rehabilitation and safety	Trial court overstepped authority	Condition sustained; visitation supervised affirmed

State v. Goldsmith, 187 N.C. App. 162 (2007) (intent to commit a felony within the dwelling must be shown; continuing offenses do not cure lack of inside-structure intent)
State v. Freeman, 307 N.C. 445 (1983) (jury may convict of lesser included offense when intent to feloniously restrain is not proven)
State v. Dawkins, 305 N.C. 289 (1982) (distinct from burglary elements; supports lesser-included reasoning)
State v. Hall, 305 N.C. 77 (1982) (continuing transaction concept; not controlling for burglary intent inside structure)