State v. Smith, 818 S.E.2d 100 (2018)

Sept. 21, 2018 · Supreme Court of North Carolina · No. 290A17

818 S.E.2d 100

STATE of North Carolina
v.
Marcus Marcel SMITH

No. 290A17

Supreme Court of North Carolina.

Filed September 21, 2018.

Joshua H. Stein, Attorney General, by Teresa M. Postell, Assistant Attorney General, for the State-appellant/appellee.

Jason Christopher Yoder, for defendant-appellant/appellee.

PER CURIAM.

For the reasons stated in the dissenting opinion, we reverse the decision of the Court of Appeals. With respect to the additional issues raised by the parties' petitions for discretionary review, we conclude that discretionary review was improvidently allowed. Therefore, the decision of the Court of Appeals as to these matters remains undisturbed.

REVERSED IN PART; DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.