State v. Thompson

Supreme Court of North Carolina February 1, 2019

Opinion

IN THE SUPREME COURT OF NORTH CAROLINA

No. 24A18

Filed 1 February 2019 STATE OF NORTH CAROLINA

v. JERRY GIOVANI THOMPSON

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, ___ N.C. App. ___, 809 S.E.2d 340 (2018), vacating and remanding a judgment entered on 3 January 2017 by Judge William R. Bell in Superior Court, Mecklenburg County. Heard in the Supreme Court on 2 October 2018.

Joshua H. Stein, Attorney General, by Derrick C. Mertz, Special Deputy

Attorney General, and Robert T. Broughton, Assistant Attorney General, for the

State-appellant.

Erik R. Zimmerman and Travis S. Hinman 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. Wilson, ___ N.C. ___, ___ S.E.2d ___ (Dec. 21, 2018) (No. 295PA17).

VACATED AND REMANDED.

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

Reference

Status: Published
Syllabus: Appeal from convictions for violations of the Controlled Substances Act following defendant's guilty plea whether the trial court erred in denying defendant's motion to suppress incriminating evidence recovered from the trunk of his car whether defendant was 'seized' within the meaning of the Fourth Amendment.