STATE v. McKENZIE (2013)

Supreme Court of North Carolina.

STATE of North Carolina v. Bobby Lee McKENZIE.

No. 52A13.

Decided: October 04, 2013

Roy Cooper, Attorney General, by Christopher W. Brooks, Assistant Attorney General, for the State-appellant. Hunter & Price, P.A., Kenansville, by Justin B. Hunter and G. Braxton Price, for defendant-appellee. Tin Fulton Walker & Owen, PLLC, Charlotte, by Noell P. Tin, Jacob H. Sussman, and Matthew G. Pruden, for North Carolina Advocates for Justice, amicus curiae.

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 further remand to the Superior Court, Duplin County, for additional proceedings consistent with this opinion.

REVERSED AND REMANDED.

PER CURIAM.

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