STATE v. PINKERTON (2011)

Supreme Court of North Carolina.

STATE of North Carolina v. Gerald T. PINKERTON.

No. 321A10.

Decided: February 04, 2011

Roy Cooper, Attorney General, by Charles E. Reece, Assistant Attorney General, for the State-appellant. Staples S. Hughes, Appellate Defender, by David W. Andrews, Assistant Appellate Defender, 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. ----, 697 S.E.2d 1 (2010), finding error in judgments entered on 22 August 2008 by Judge James F. Ammons, Jr. in Superior Court, Johnston County, and remanding for a new sentencing hearing. Heard in the Supreme Court 11 January 2011.

The decision of the Court of Appeals is reversed for the reasons stated in the dissenting opinion.

REVERSED.

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