State v. Caple

Annotate this Case

Download PDF

STATE OF NORTH CAROLINA v. EDDIE CAPLE No. 437A05-2 FILED: 7 MARCH 2008 Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 185 N.C. App. ___, 650 S.E.2d 8 (2007), which, upon defendant s appeal from a judgment entered on 7 January 2004 by Judge B. Craig Ellis in Superior Court, Robeson County, remanded the case to the trial court for resentencing after being ordered by this Court to reconsider in Supreme Court light of State v. Blackwell, 361 N.C. 41, 638 S.E.2d 452 (2006), cert. denied, ___ U.S. ___, 127 S. Ct. 2281, 167 L. Ed. 2d 1114 (2007), its previous decision to remand for resentencing. Heard in the Supreme Court 13 February 2008. Slip Opinion Roy Cooper, Attorney General, by Derrick C. Mertz, Assistant Attorney General, for the State-appellant. Paul F. Herzog for defendant-appellee. PER CURIAM. Justice HUDSON took no part in the consideration or decision of this case. The remaining members of the Court are equally divided, with three members voting to affirm and three members voting to reverse the decision of the Court of Appeals. Accordingly, the decision of the Court of Appeals is left undisturbed and stands without precedential value. Barham v. Hawk, 360 N.C. 358, 625 S.E.2d 778 (2006). AFFIRMED. See, e.g.,

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.