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STATE of North Carolina v. Robert Dwayne LEWIS
Defendant Robert Dwayne Lewis appeals his convictions for one count of robbery with a dangerous weapon and two counts of second degree kidnapping related to the robbery of a business in Johnston County. This case is a companion case to No. COA17-888, State v. Lewis, and involves the same facts and legal issues. For the reasons discussed in our opinion in that case, we vacate Lewis's convictions and remand this case with instructions for the trial court to allow Lewis's motion to suppress the evidence seized from the residence located at 7085 Laurinburg Road. The trial court properly denied the motion to suppress with respect to evidence seized from the two vehicles located at 7085 Laurinburg Road and any evidence seized in those separate searches is admissible.
In this appeal, Lewis also filed a petition for writ of certiorari seeking review of the factual basis for his guilty pleas to the two kidnapping charges. Because we vacate Lewis's convictions, we need not address his challenge to the factual basis supporting his guilty pleas. Accordingly, we dismiss his petition as moot.
VACATED AND REMANDED.
Report per Rule 30(e).
DIETZ, Judge.
Judges HUNTER, JR. and ARROWOOD concur.
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Docket No: No. COA17-1051
Decided: May 01, 2018
Court: Court of Appeals of North Carolina.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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