State v. Fowler

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IN THE SUPREME COURT OF NORTH CAROLINA No. 173PA17 Filed 7 December 2018 STATE OF NORTH CAROLINA v. MELVIN LEROY FOWLER On discretionary review pursuant to N.C.G.S. § 7A-31 of a unanimous decision of the Court of Appeals, ___ N.C. App. ___, 800 S.E.2d 724 (2017), finding reversible error in a judgment entered on 2 March 2016 by Judge A. Graham Shirley in Superior Court, Wake County, vacating defendant’s conviction, and granting him a new trial. Heard in the Supreme Court on 30 August 2018. Joshua H. Stein, Attorney General, by Christopher W. Brooks, Special Deputy Attorney General, for the State-appellant. Jason Christopher Yoder for defendant-appellee. PER CURIAM. The decision of the Court of Appeals is vacated and this case is remanded to the Court of Appeals for reconsideration in light of our decision in State v. Malachi, ___ N.C. ___, ___ S.E.2d ___ (2018) (142PA17). VACATED AND REMANDED.

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