State v. Gerald T. Pinkerton

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IN THE SUPREME COURT OF NORTH CAROLINA No. 321A10 FILED: 4 FEBRUARY 2011 STATE OF NORTH CAROLINA v. GERALD T. PINKERTON 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. ___, 697 S.E.2d 1 (2010), finding error in judgments entered on 22 August 2008 by Judge James F. Ammons, Jr. in Superior Court, Johnston County, and remanding for a new sentencing hearing. Heard in the Supreme Court 11 January 2011. Roy Cooper, Attorney General, by Charles E. Reece, Assistant Attorney General, for the State-appellant. Staples S. Hughes, Appellate Defender, by David W. Andrews, Assistant Appellate Defender, for defendantappellee. PER CURIAM. The decision of the Court of Appeals is reversed for the reasons stated in the dissenting opinion. REVERSED.

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