State v. Fowler
Supreme Court of North Carolina
State v. Fowler
Opinion
IN THE SUPREME COURT OF NORTH CAROLINA
No. 173PA17
Filed 7 December 2018 STATE OF NORTH CAROLINA
v. MELVIN LEROY FOWLER
On discretionary review pursuant to N.C.G.S. § 7A-31 of a unanimous decision of the Court of Appeals, ___ N.C. App. ___, 800 S.E.2d 724 (2017), finding reversible error in a judgment entered on 2 March 2016 by Judge A. Graham Shirley in Superior Court, Wake County, vacating defendant’s conviction, and granting him a new trial. Heard in the Supreme Court on 30 August 2018.
Joshua H. Stein, Attorney General, by Christopher W. Brooks, Special Deputy
Attorney General, for the State-appellant.
Jason Christopher Yoder for defendant-appellee.
PER CURIAM.
The decision of the Court of Appeals is vacated and this case is remanded to the Court of Appeals for reconsideration in light of our decision in State v. Malachi, ___ N.C. ___, ___ S.E.2d ___ (2018) (142PA17).
VACATED AND REMANDED.
Reference
- Status
- Published
- Syllabus
- Appeal from defendant's conviction for driving while impaired whether the trial court committed reversible error by instructing the jury on the basis of a legal theory lacking evidentiary support.