State v. Moore, 319 N.C. 393 (1987)

April 7, 1987 · Supreme Court of North Carolina · No. 242PA86
319 N.C. 393

STATE OF NORTH CAROLINA v. MELVIN CECIL MOORE and BILLY DEAN TRANSEAU

No. 242PA86

(Filed 7 April 1987)

We granted petitions for discretionary review pursuant to N.C.G.S. 7A-31 on 6 May 1986 (defendant Transeau) and 12 August 1986 (defendant Moore) to review the decision of the Court of Appeals (Webb, J., with Hedrick, C.J., concurring, and Parker, J., concurring in the result) reported at 79 N.C. App. 666, 340 S.E. 2d 771 (1986). The Court of Appeals found no error in defendants’ trial by Wood, J., in Superior Court, Wilkes County, in which defendants were found guilty of trafficking in marijuana by possession and sentenced to twelve years (defendant Moore) and seven years (defendant Transeau) imprisonment.

Lacy H. Thornburg, Attorney General, by John H. Watters, Assistant Attorney General, for the State.

Dennis R. Joyce for defendant-appellant Melvin Cecil Moore.

Vannoy, Moore, Colvard, Triplett & Freeman, by Paul W. Freeman, Jr., for defendant-appellant Billy Dean Transeau.

*394PER CURIAM.

Having carefully considered the opinion of the Court of Appeals, the records, briefs, and oral arguments in the case before us, we conclude that our orders of 6 May 1986 and 12 August 1986 allowing defendants’ petitions for discretionary review were improvidently allowed.

The writ of supersedeas allowed to defendant Transeau on 6 May 1986 is hereby dissolved.

Discretionary review improvidently allowed.

Justice WEBB did not participate in the consideration or decision of this case.