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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On discretionary review pursuant to N.C.G.S. § 7A-31 of a unanimous, unpublished decision of the Court of Appeals, 175 N.C. App. 249, 623 S.E.2d 89 (2005), finding no prejudicial error in defendant's conviction which resulted in a judgment entered 28 May 2004 by Judge James E. Lanning in Superior Court, Mecklenburg County, but remanding for resentencing. Heard in the Supreme Court 9 May 2007.
Roy Cooper, Attorney General, by Q. Shant. Martin, Assistant Attorney General, for the State-appellant.
Isabel Scott Day, Mecklenburg County Public Defender, by Julie Ramseur Lewis, Assistant Public Defender, for defendant-appellee.
PER CURIAM.
To the extent the Court of Appeals ordered remand of
defendant's case for resentencing, we reverse and remand to that
court for reconsideration in light of State v. Blackwell, 361
N.C. 41, 638 S.E.2d 452 (2006), cert. denied, ___ U.S. ___, ___
L. Ed. 2d ___, 75 U.S.L.W. 3609 (2007). The Court of Appeals
opinion remains undisturbed in all other respects.
REVERSED IN PART AND REMANDED.
Justice HUDSON did not participate in the consideration or
decision of this case.
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