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STATE OF NORTH CAROLINA v.
THOMAS HENRY MYERS and JESSE WARREN
On discretionary review pursuant to N.C.G.S. § 7A-31 of
a unanimous decision of the Court of Appeals, 174 N.C. App. 526,
621 S.E.2d 329 (2005), affirming orders entered 20 November 2003
by Judge Robert F. Floyd, Jr., in Superior Court, Cumberland
County. Heard in the Supreme Court 16 October 2006.
Roy Cooper, Attorney General, by William B. Crumpler, Assistant Attorney General, for the State-appellant.
Staples S. Hughes, Appellate Defender, by Daniel K. Shatz, Assistant Appellate Defender, for defendant- appellee Myers; and Brian Michael Aus for defendant- appellee Coleman.
The decision of the Court of Appeals is reversed, and
this case is remanded to that court for reconsideration on the
issue of sufficiency of the evidence in light of State v.
Childress, 321 N.C. 226, 362 S.E.2d 263 (1987).
REVERSED AND REMANDED.
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