STATE v. KOCHUK (2013)

Supreme Court of North Carolina.

STATE of North Carolina v. James Richard KOCHUK.

No. 493A12.

Decided: June 13, 2013

Roy Cooper, Attorney General, by Joseph L. Hyde, Assistant Attorney General, for the State-appellant. Russell J. Hollers III 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. ––––, 741 S.E.2d 327 (2012), affirming an order entered on 3 October 2011 by Judge Carl R. Fox in Superior Court, Durham County. Heard in the Supreme Court on 15 April 2013.

For the reasons stated in the dissenting opinion, we reverse the decision of the Court of Appeals and remand this matter to that court for remand to the trial court for further proceedings not inconsistent with this opinion.

REVERSED AND REMANDED.

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