April 10, 2015
STATE OF NORTH CAROLINA
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.
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.
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.