Supreme Court of North Carolina, 2007

State v. DESPERADOS, INC.

Supreme Court of North Carolina · Decided November 9, 2007 · Hudson

651 S.E.2d 883; 361 N.C. 682; 2007 N.C. LEXIS 1098 (South Eastern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

State v. DESPERADOS INC. (N.C. Ct. App. 2009)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

The constitutional issue addressed in the Court of Appeals’ majority opinion was not raised and preserved in the trial court and, therefore, was not properly before the Court of Appeals. N.C. R. App. *683 P. 10(b)(1). Accordingly, the decision of the Court of Appeals as to the constitutional issue is reversed, and the case remanded to the Court of Appeals for determination of the remaining issues on their merits.

REVERSED IN PART AND REMANDED.

Justice HUDSON did not participate in the consideration or decision of this case.

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