State v. Forte, 822 S.E.2d 701 (2018)

Dec. 5, 2018 · Supreme Court of North Carolina · No. 223P18
822 S.E.2d 701

STATE of North Carolina
v.
Jimmy Lee FORTE

No. 223P18

Supreme Court of North Carolina.

December 05, 2018

Hannah H. Love, Assistant Appellate Defender, for Forte, Jimmy Lee (Jr.).

Glenn Gerding, Appellate Defender.

Grady L. Balentine, Jr., Special Deputy Attorney General, Robert A. Evans, Jr., for State of North Carolina.

Daniel P. O'Brien, Special Deputy Attorney General.

Kimberly N. Callahan, Assistant Attorney General, for State of North Carolina.

ORDER

The Petition for Discretionary Review filed by the State of North Carolina in this case on 6 August 2018 is decided as follows: The State's petition is allowed for the limited purpose of remanding this case to the Court of Appeals for the purpose of reconsidering defendant's challenge to the validity of the habitual felon indictment returned against him in this case in light of this Court's decision in State v. Langley, --- N.C. ----, 817 S.E.2d 191 (2018), with the Court of Appeals' proceeding on remand to include consideration of any aspect of defendant's challenge to the habitual felon indictment that was not reached during the Court of Appeals' initial consideration of this case.

By order of the Court in conference, this the 5th day of December, 2018.