State v. Hurt
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IN THE SUPREME COURT OF NORTH CAROLINA No. 505PA10 FILED 27 JUNE 2013 STATE OF NORTH CAROLINA v. DAVID FRANKLIN HURT On discretionary review pursuant to N.C.G.S. ' 7A-31 of a unanimous decision of the Court of Appeals, 208 N.C. App. 1, 702 S.E.2d 82 (2010), finding prejudicial error in a judgment entered on 4 April 2008 by Judge Thomas D. Haigwood in Superior Court, Caldwell County, and remanding for a new sentencing trial. Heard in the Supreme Court on 12 February 2013. Roy Cooper, Attorney General, by Daniel P. O Brien, Assistant Attorney General, for the State-appellant. Staples S. Hughes, Appellate Defender, by Barbara S. Blackman, Assistant Appellate Defender, for defendant-appellee. PER CURIAM. For the reasons stated in State v. Ortiz-Zape, ___ N.C. ___, ___, ___ S.E.2d ___, ___ (2013), the decision of the Court of Appeals is reversed. REVERSED. Chief Justice Parker and Justice Hudson dissent for the reasons stated in Justice Hudson s dissenting opinions in State v. Ortiz-Zape, ___ N.C. ___, ___ S.E.2d ___ (2013) (329PA11) and State v. Brewington, ___ N.C. ___, ___ S.E.2d ___ (2013) STATE V. HURT Opinion of the Court (235PA10). Justice BEASLEY did not participate in the consideration or decision of this case. -2-
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