All opinions are subject to modification and technical correction prior to official publication in the North Carolina Reports and North Carolina Court of Appeals Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the North Carolina Reports and North Carolina Court of Appeals Reports, the latest print version is to be considered authoritative.
No. 601PA03
STATE OF NORTH CAROLINA
v. From New Hanover County
COREY TYRONE SNEED
Upon defendant's motion to modify, the Court enters the
following order:
The opinion, filed 25 June 2004, is withdrawn ex mero
motu, and the opinion, as modified, is refiled simultaneously
with the filing of this order. Defendant's conditional motion
for temporary stay of the mandate is dismissed as moot.
By order of the Court in Conference, this 1st day of
July, 2004.
Brady, J.
For the Court
On discretionary review pursuant to N.C.G.S. § 7A-31 of
a unanimous decision of the Court of Appeals, 161 N.C. App. 331,
588 S.E.2d 74 (2003), vacating a judgment entered 17 July 2002 by
Judge W. Allen Cobb, Jr. in Superior Court, New Hanover County.
Heard in the Supreme Court 18 February 2004.
Roy Cooper, Attorney General, by William P. Hart,
Special Deputy Attorney General, and Lisa Granberry
Corbett, Assistant Attorney General, for the State.
Daniel Shatz for defendant-appellee.
Marshall Hurley, PLLC, by Marshall Hurley, for Families
Against Mandatory Minimums; and Charles E. Daye and
Paul M. Green, for the North Carolina Academy of Trial
Lawyers, amici curiae.
PER CURIAM.
Pursuant to this Court's opinion in State v. Jones, 358
N.C. ____, ____ S.E.2d ___ (June 25, 2004) (No. 591PA03), we
reverse the decision of the Court of Appeals. However, as to the
additional assignments of error raised by defendant but not
addressed by the Court of Appeals, this case is hereby remanded
to the Court of Appeals for its consideration of these issues.
REVERSED AND REMANDED.
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