For the reasons stated in State v. Holmes, 361 N.C. 410, - S.E.2d — (2007) (No. 283PA06), the decision of the Court of Appeals is reversed.
REVERSED.
State v. McMahan, 361 N.C. 420 (2007)
June 29, 2007
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Supreme Court of North Carolina
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No. 657PA05
361 N.C. 420
STATE OF NORTH CAROLINA v. ELIZABETH PAIGE McMAHAN
No. 657PA05
(Filed 29 June 2007)
On discretionary review pursuant to N.C.G.S. § 7A-31 of a unanimous decision of the Court of Appeals, 174 N.C. App. 586, 621 S.E.2d 319 (2005), vacating probation revocation judgments entered 6 August 2004 by Judge Susan C. Taylor in Superior Court, Cabarrus County, thereby activating sentences imposed in judgments entered 8 August 2003 by Judge Howard R. Greeson, Jr. in Superior Court, Guilford County following defendant’s plea of guilty to twenty-eight counts of embezzlement, and remanding for a new sentencing hearing. Heard in the Supreme Court 9 May 2007.
Roy Cooper, Attorney General, by Amy C. Kunstling, Assistant Attorney General, and Robert C. Montgomery, Special Deputy Attorney General, for the State-appellant.
Staples S. Hughes, Appellate Defender, by Matthew D. Wunsche, Assistant Appellate Defender, for defendant-appellee.