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State v. Marcoplos

Supreme Court of North Carolina
Jun 1, 2003
357 N.C. 245 (N.C. 2003)

Opinion

No. 48A03

Filed 13 June 2003

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 154 N.C. App. 581, 572 S.E.2d 820 (2002), finding no error after appeal of judgments entered 9 August 2001 by Judge J.B. Allen, Jr., in Superior Court, Wake County. Heard in the Supreme Court 7 May 2003.

Roy Cooper, Attorney General, by William P. Hart, Special Deputy Attorney General, for the State. Glenn, Mills Fisher, P.A., by Stewart W. Fisher; and George Hausen, for defendant-appellants.


Defendants appeal to this Court from the decision of the Court of Appeals on the basis of a dissent. We affirm the decision of the Court of Appeals.

Defendants, in their brief and at oral argument, further sought review in this Court of a constitutional issue originally presented to but not addressed by the Court of Appeals. We decline to consider this constitutional issue in the first instance. This matter is remanded to the Court of Appeals so that this issue may be addressed by that court.

AFFIRMED and REMANDED.


Summaries of

State v. Marcoplos

Supreme Court of North Carolina
Jun 1, 2003
357 N.C. 245 (N.C. 2003)
Case details for

State v. Marcoplos

Case Details

Full title:STATE OF NORTH CAROLINA v. MARK MARCOPLOS, NANCY WOODS, PASCAL L. PITTS…

Court:Supreme Court of North Carolina

Date published: Jun 1, 2003

Citations

357 N.C. 245 (N.C. 2003)
580 S.E.2d 691

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