State v. Cintron

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IN THE SUPREME COURT OF NORTH CAROLINA No. 190A99 STATE OF NORTH CAROLINA v. CHARLES CARLO CINTRON 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. ___, 513 S.E.2d 794 (1999), holding that the trial court erred by not instructing on the lesser-included offense of second-degree murder, thus vacating the judgment entered 7 October 1997 by Martin (Jerry Cash), J., in Superior Court, Guilford County, and ordering a new trial. Heard in the Supreme Court 20 September 1999. Michael F. Easley, Attorney General, by Robert C. Montgomery, Assistant Attorney General, for the Stateappellant. Malcolm Ray Hunter, Jr., Appellate Defender, by Charlesena Elliott Walker, Assistant Appellate Defender, for defendantappellee. PER CURIAM. For the reasons stated in the dissenting opinion by Judge Lewis, the decision of the Court of Appeals is reversed. REVERSED.

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