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State v. Edgerton

Supreme Court of North Carolina

April 10, 2015

STATE OF NORTH CAROLINA
v.
HOWARD JUNIOR EDGERTON

Heard in the Supreme Court: February 24, 2015.

For Roy Cooper, Attorney General, by Teresa M. Postell, Assistant Attorney General, for the State-appellant.

For Michael E. Casterline for defendant-appellee.

OPINION

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, ___ N.C.App. __, 759 S.E.2d 669 (2014), vacating a judgment entered on 21 March 2013 by Judge Gary M. Gavenus in Superior Court, Rutherford County, and remanding for a new trial.

PER CURIAM.

For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed. This case is remanded to the Court of Appeals for consideration of defendant's remaining issues on appeal.

REVERSED AND REMANDED.


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