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.
On discretionary review pursuant to N.C.G.S. § 7A-31 of
a unanimous decision of the Court of Appeals, 165 N.C. App. 548,
599 S.E.2d 87 (2004), reversing in part and finding no error in
part in judgments entered 9 July 2002 by Judge Jerry R. Tillett
in Superior Court, Camden County. On 29 August 2005, defendant
filed a motion for appropriate relief in this Court. Heard in
the Supreme Court 16 November 2005.
Roy Cooper, Attorney General, by Amy C. Kunstling, Assistant Attorney General, for the State-appellant.
Thomas K. Maher for defendant-appellee.
For the reasons stated in State v. Markeith R.
Lawrence, ____ N.C. ____, ____ S.E.2d _____ (2006), we reverse
the decision of the Court of Appeals as to defendant's seven
convictions for second-degree sexual offense. However, the
portion of the Court of Appeals opinion finding no error in nine
of defendant's convictions as specified in that opinion remains
undisturbed. Pursuant to Blakely v. Washington, 542 U.S. 296,
159 L. Ed. 2d 403 (2004) and State v. Allen, 359 N.C. 425, 615
S.E.2d 256 (2005), defendant's case is remanded to the Court of
Appeals for further remand to the trial court for resentencing
consistent with Blakely and Allen.
REVERSED IN PART AND REMANDED.
Justice TIMMONS-GOODSON did not participate in the consideration or decision of this case.
*** Converted from WordPerfect ***