For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed.
REVERSED.
State v. Stepp, 367 N.C. 772 (2015)
Jan. 23, 2015
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Supreme Court of North Carolina
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No. 38A14
367 N.C. 772
STATE OF NORTH CAROLINA v. JOSHUA ANDREW STEPP
No. 38A14
(Filed 23 January 2015)
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._, 753 S.E.2d 485 (2014), reversing a judgment entered on 13 September 2011 by Judge W. Osmond Smith, III in Superior Court, Wake County and ordering that defendant receive a new trial. Heard in the Supreme Court on 12 January 2015.
Roy Cooper; Attorney General, by Anne M. Middleton and Sherri Homer Lawrence, Assistant Attorneys General, for the State-appellant.
Staples S. Hughes, Appellate Defender, by Barbara S. Blackman, Assistant Appellate Defender, for defendant-appellee.