STATE v. STEPP (2015)

Supreme Court of North Carolina.

STATE of North Carolina v. Joshua Andrew STEPP.

No. 38A14.

Decided: January 23, 2015

Roy Cooper, Attorney General, by Anne M. Middleton and Sherri Horner Lawrence, Assistant Attorneys General, for the State-appellant. Staples S. Hughes, Appellate Defender, by Barbara S. Blackman, 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. ––––, 753 S.E.2d 485 (2014), reversing a judgment entered on 13 September 2011 by Judge W. Osmond Smith, III in Superior Court, Wake County and ordering that defendant receive a new trial. Heard in the Supreme Court on 12 January 2015.

For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed.

REVERSED.

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