State v. Diaz, 813 S.E.2d 232 (2018)

May 9, 2018 · Supreme Court of North Carolina · No. 412PA17
813 S.E.2d 232

STATE of North Carolina
v.
Raul Pachicano DIAZ

No. 412PA17

Supreme Court of North Carolina.

May 9, 2018

Ms. Marilyn G. Ozer, Attorney at Law, Mr. Neil C. Dalton, Special Deputy Attorney General, Mr. Kimberly S. Robb, District Attorney, for NC State.

ORDER

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by State of NC on the 22nd of December 2017 in this matter pursuant to G.S. 7A-30 (substantial constitutional question), the following order was entered and is hereby certified to the North Carolina Court of Appeals: the notice of appeal is

"Dismissed Ex Mero Motu by order of the Court in conference, this the 9th of May 2018."

Upon consideration of the petition filed by State of NC on the 8th of December 2017 for Writ of Supersedeas of the judgment of the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Allowed by order of the Court in conference, this the 9th of May 2018."

Upon consideration of the petition in the Alternative filed on the 22nd of December *2332017 by State of NC in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Allowed by order of the Court in conference, this the 9th of May 2018."

Therefore the case is docketed as of the date of this order's certification. Briefs of the respective parties shall be submitted to this Court within the times allowed and in the manner provided by Appellate Rule 15 (g)(2).