STATE v. SMITH (2018)

Supreme Court of North Carolina.

STATE of North Carolina v. Marcus Marcel SMITH

No. 290A17

Decided: September 21, 2018

Joshua H. Stein, Attorney General, by Teresa M. Postell, Assistant Attorney General, for the State-appellant/appellee. Jason Christopher Yoder, for defendant-appellant/appellee.

For the reasons stated in the dissenting opinion, we reverse the decision of the Court of Appeals. With respect to the additional issues raised by the parties’ petitions for discretionary review, we conclude that discretionary review was improvidently allowed. Therefore, the decision of the Court of Appeals as to these matters remains undisturbed.

REVERSED IN PART; DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.

PER CURIAM.

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