State v. Varner

Supreme Court of North Carolina

State v. Varner

Opinion

IN THE SUPREME COURT OF NORTH CAROLINA

No. 115PA17

Filed 11 May 2018 STATE OF NORTH CAROLINA

v. DEAN MICHAEL VARNER

On discretionary review pursuant to N.C.G.S. § 7A-31 of a unanimous decision of the Court of Appeals, ___ N.C. App. ___, 796 S.E.2d 834 (2017), reversing and remanding a judgment entered on 14 January 2016 by Judge Thomas H. Lock in Superior Court, Lee County. Heard in the Supreme Court on 18 April 2018.

Joshua H. Stein, Attorney General, by Kathleen N. Bolton, Assistant Attorney

General, and Anne M. Middleton, Special Deputy Attorney General, for the

State-appellant.

Glenn Gerding, Appellate Defender, by John F. Carella and Katherine Whitney

Dickinson-Schultz, Assistant Appellate Defender, for defendant-appellee.

PER CURIAM.

DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.

Reference

Status
Published
Syllabus
Whether the trial court erred in refusing defendant's request to give a jury instruction defining 'moderate punishment' at his trial for physically abusing his minor son.