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 order of the United States Supreme Court entered 30
June 2006 granting the State's petition for writ of certiorari to
review our decision reported in 359 N.C. 602, 614 S.E.2d 262
(2005), vacating said judgment and remanding the case to this
Court for further consideration in light of Washington v.
Recuenco, 548 U.S. __, 126 S. Ct. 2546 (2006). Heard on remand
in the Supreme Court 17 October 2006.
Roy Cooper, Attorney General, by Robert C. Montgomery, Special Deputy Attorney General, for the State- appellant.
Staples S. Hughes, Appellate Defender, by Barbara S. Blackman, Assistant Appellate Defender, for defendant- appellee.
Upon reconsideration of this case in light of
Washington v. Recuenco, 548 U.S. __, 126 S. Ct. 2546 (2006), we
reverse the judgment of the Court of Appeals insofar as it held
defendant's sentence was imposed in violation of the Sixth
Amendment to the United States Constitution, 166 N.C. App. 106,
177-18, 602 S.E.2d 4, 12 (2004), and remand to that court for
further proceedings not inconsistent with this Court's decision
in State v. Timothy Earl Blackwell, 361 N.C. __, __ S.E.2d __
(2006) (No. 490PA04-2). However, the portion of the Court of
Appeals opinion finding no prejudicial error in defendant's
convictions as specified in that opinion remains undisturbed.
AFFIRMED IN PART; REVERSED IN PART AND REMANDED.
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