Supreme Court of North Carolina, 2007

State v. Hernandez-Madrid

State v. Hernandez-Madrid
Supreme Court of North Carolina · Decided June 28, 2007
646 S.E.2d 105; 361 N.C. 421 (South Eastern Reporter, Second Series)

State v. Hernandez-Madrid

Opinion of the Court

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. Hurt, 361 N.C. 325, 643 S.E.2d 915, (2007), and State v. Blackwell, 361 N.C. 41, 638 S.E.2d 452 (2006), cert. denied, ___ U.S. ___, 127 S.Ct. 2281, ___ 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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