State v. Coxton, 794 S.E.2d 801 (2016)

June 9, 2016 · Supreme Court of North Carolina · No. 121A16
794 S.E.2d 801

State of North Carolina
v.
Damario Montreal Coxton

No. 121A16

Supreme Court of North Carolina.

June 9, 2016.

Mark Montgomery, Attorney at Law, for Coxton, Damario Montreal.

David Elliott, Special Deputy Attorney General, R. Andrew Murray, District Attorney, for State of North Carolina.

ORDER

This matter is before this Court on defendant's Notice of Appeal based on a Constitutional Question, seeking review of the Court of Appeals' opinion dismissing defendant's appeal and denying defendant's petition for *802writ of certiorari filed before that court. The State's Motion to Dismiss Appeal is ALLOWED. This Court on its own motion, however, vacates the denial of defendant's petition writ of certiorari at the Court of Appeals and remands this case to the Court of Appeals with directions to allow defendant's petition for writ of certiorari as filed before that court.

By Order of this Court, this 9 day of June, 2016.