State v. Williams, 242 N.C. App. 361

Background

In May 2013 probation officers searched a mobile home shared by Teon Jamell Williams and Laura Morrison; Williams consented to the search. Officers found a plastic bag in pants containing a white substance, numerous small corner baggies, digital scales, and $460 concealed in a Bible in Williams’s bedroom.
Forensic testing identified the substance as containing 4‑methylethcathinone and methylone (so‑called “bath salts”).
A July 2013 grand jury indicted Williams on two counts of possession with intent to manufacture, sell, or deliver (PWIMSD) a Schedule I substance (Count One: "Methylethcathinone" later amended to "4‑Methylethcathinone" and Count Two: "Methylone"), maintaining a dwelling for keeping/selling controlled substances, and habitual felon status.
The trial court granted the State’s motion to amend Count One to add the prefix "4‑"; a jury convicted Williams on all counts and he was sentenced to consecutive terms of 90–120 months.
On appeal the court reviewed challenges to (1) the amendment of the indictment, (2) whether the indictments were fatally defective (subject matter jurisdiction), (3) denial of a motion to dismiss one PWIMSD count, and (4) denial of a motion to dismiss the maintaining a dwelling charge.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial court erred by permitting State to amend Count One (add "4‑" to Methylethcathinone)	State: amendment was clerical/corrective and not a substantial alteration	Williams: amendment added an essential element and was an impermissible substantial alteration	Amendment impermissible; conviction on Count One vacated
Whether indictments (as to Counts One & Two) were fatally defective for failing to allege the Schedule I basis (catch‑all §90‑89(5)(j))	State: omission of prefix in Count One was less problematic because 4‑methylethcathinone falls under the statutory "catch‑all"; Count Two sufficiently alleged methylone as Schedule I	Williams: indictments failed to adequately allege substances were Schedule I under the catch‑all, so indictments were fatally defective	Count One was fatally defective (vacated). Count Two was adequate; no defect requiring reversal
Whether one PWIMSD count should have been dismissed because evidence showed a single mixture rather than two distinct Schedule I substances	State: evidence supported two counts (proof of two named compounds)	Williams: statute treats a "material, compound, mixture, or preparation" containing listed substances as one Schedule I material, so evidence only supports one count	Not reached as Count One already vacated; no relief granted on this ground
Whether maintaining a dwelling charge should have been dismissed for insufficient evidence of (a) keeping/maintaining the dwelling or (b) use of the dwelling to keep/sell drugs	State: evidence (residency indicators, mail, probation contacts, personal effects) showed Williams maintained the residence; drugs, scales, corner baggies, and cash supported use for keeping/selling	Williams: occupancy alone insufficient; State failed to show he kept/maintained or used residence to keep/sell drugs	Evidence was sufficient on both elements; conviction for maintaining a dwelling affirmed

Key Cases Cited

State v. LePage, 204 N.C. App. 37 (application: indictment must allege each essential element)
State v. De la Sancha Cobos, 211 N.C. App. 536 (amendment that substantially alters charge is impermissible)
State v. Ahmadi‑Turshizi, 175 N.C. App. 783 (identity of controlled substance is an essential element; omission of numerical prefix can fatally defect indictment)
State v. Ledwell, 171 N.C. App. 328 (indictment omitting numerical prefix in drug name rendered charge fatally flawed)
State v. Silas, 360 N.C. 377 (purpose of indictment is to enable defendant to prepare for trial; substantial‑alteration test)
State v. Spencer, 192 N.C. App. 143 (defendant's statement of residency can be substantial evidence that he maintained dwelling)
State v. Shine, 173 N.C. App. 699 (presence of scales, baggies, and nearby drugs can support inference dwelling used to keep/sell drugs)