State v. Turner

Supreme Court of North Carolina

State v. Turner

Opinion

IN THE SUPREME COURT OF NORTH CAROLINA

No. 440PA16

Filed 17 August 2018 STATE OF NORTH CAROLINA

v. CHRISTOPHER GLENN TURNER

On discretionary review pursuant to N.C.G.S. § 7A-31 of a unanimous decision of the Court of Appeals, ___ N.C. App. ___, 793 S.E.2d 287 (2016), affirming an order entered on 15 January 2016 by Judge Michael Duncan in Superior Court, Caldwell County. Heard in the Supreme Court on 6 November 2017.

Joshua H. Stein, Attorney General, by Christopher W. Brooks, Special Deputy

Attorney General, for the State-appellant.

Glenn Gerding, Appellate Defender, by Daniel L. Spiegel, Assistant Appellate

Defender, for defendant-appellee.

PER CURIAM.

For the reasons stated in State v. Curtis, ___ N.C. ___, ___ S.E.2d ___ (Aug. 17, 2018) (No. 441PA16), we reverse the decision of the Court of Appeals and remand this case to that court for remand to the Superior Court, Caldwell County, with instructions to vacate the 15 January 2016 Order Affirming District Court Order and for further proceedings not inconsistent with our opinion in Curtis.

REVERSED AND REMANDED.

Reference

Status
Published
Syllabus
Whether the two-year statute of limitations in N.C.G.S. § 15-1 mandates dismissal of misdemeanor charges against a defendant who was charged via a citation and magistrate's order, but not by a warrant, indictment, or presentment.