Opinion
No. 23A21
12-14-2021
STATE of North Carolina v. Darrell Tristan ANDERSON
Amanda S. Hitchcock, Assistant Appellate Defender, For Anderson, Darrell Tristan. Glenn Gerding, Appellate Defender, For Anderson, Darrell Tristan. Kimberly N. Callahan, Assistant Attorney General, For State of North Carolina. Garry W. Frank, District Attorney, For State of North Carolina.
Amanda S. Hitchcock, Assistant Appellate Defender, For Anderson, Darrell Tristan.
Glenn Gerding, Appellate Defender, For Anderson, Darrell Tristan.
Kimberly N. Callahan, Assistant Attorney General, For State of North Carolina.
Garry W. Frank, District Attorney, For State of North Carolina.
ORDER
This matter is before this Court on defendant's appeal from a divided panel of the Court of Appeals. The Court of Appeals unanimously held in State v. Anderson , 275 N.C. App. 689, 853 S.E.2d 797 (2020), that a resentencing hearing was required because of the trial court's determination that it lacked the discretion to impose concurrent sentences for defendant's two convictions of first-degree murder. Until the trial court holds a resentencing hearing, defendant's appeal is not ripe for resolution. This Court, ex mero motu , dismisses the current appeal and remands the matter to the Court of Appeals for further remand to the trial court for a resentencing hearing (with any appeal therefrom proceeding in the usual manner).
By order of the Court in conference, this the 14th day of December 2021.