State v. Smith

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IN THE SUPREME COURT OF NORTH CAROLINA No. 521A01 FILED: 7 MARCH 2002 STATE OF NORTH CAROLINA v. JAMES RUSSELL SMITH Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 146 N.C. App. 1, 551 S.E.2d 889 (2001), reversing and remanding a judgment entered 15 December 1999 by Allen (J.B., Jr.), J. in Superior Court, Orange County. Heard in the Supreme Court 12 February 2002. Roy Cooper, Attorney General, by Steven M. Arbogast, Special Deputy Attorney General, for the Stateappellant. Miles & Montgomery, by Mark Montgomery, for defendantappellee. PER CURIAM. For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed and this case is remanded to that court to address the remaining assignments of error. REVERSED AND REMANDED.

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