The decision of the Court of Appeals is reversed for the reasons stated in the dissenting opinion.
REVERSED.
State v. Pinkerton, 365 N.C. 6 (2011)
Feb. 4, 2011
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Supreme Court of North Carolina
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No. 321A10
365 N.C. 6
AFFIRMED STATE OF NORTH CAROLINA v. GERALD T. PINKERTON
No. 321A10
(Filed 4 February 2011)
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 I (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 II 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 defendant-appellee.