Counsel Amended January 7, 2015.
N.C. Court of Appeals. No. 10-666. Linda Stephens, Judge.
Elizabeth J. WeeseMs. and Anne M. MiddletonMs., Primary Attorneys, Assistant Attorneys General, N.C. DEPARTMENT OF JUSTICE, Raleigh, NC, for Plaintiff-Appellant - State of North Carolina.
M. Alexander CharnsMr., Primary Attorney, Attorney at Law, Durham, NC, for Defendant-Appellee - Hunt, Samuel Kris.
Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 221 N.C.App. 489, 728 S.E.2d 409 (2012), on remand from this Court, 365 N.C. 432, 722 S.E.2d 484 (2012), finding no error in part and vacating in part a judgment entered on 8 October 2009 by Judge Edwin G. Wilson, Jr. in Superior Court, Randolph County, and remanding for resentencing. On 7 March 2013, the Supreme Court allowed the State's petition for discretionary review of an additional issue. Heard in the Supreme Court on 18 November 2013. Following oral argument, the Court on 9 December 2013 ordered supplemental briefing on one issue. Determined on the supplemental briefs without further oral argument pursuant to Rule 30(f) of the North Carolina Rules of Appellate Procedure.
[367 N.C. 701] On defendant's appeal arising from the dissenting opinion, the decision of the Court of Appeals is affirmed. The State's petition for discretionary review as to an additional issue was improvidently allowed.
AFFIRMED IN PART; DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED IN PART.
Justice HUNTERtook no part in the consideration or decision of ...