Summary
remanding to this Court "to reconsider its holding in light of State v. Hilton , 378 N.C. 692, 2021-NCSC-115, 862 S.E.2d 806, and State v. Strudwick , 379 N.C. 94, 2021-NCSC-127, 864 S.E.2d 231, as well as the General Assembly's recent amendments to the satellite-based monitoring program"
Summary of this case from State v. CarterOpinion
No. 352P19-2
12-14-2021
STATE of North Carolina v. Kenneth Russell ANTHONY
David W. Andrews, Assistant Appellate Defender, For Anthony, Kenneth Russell. Sonya M. Calloway-Durham, Special Deputy Attorney General, For State of North Carolina. Glenn Gerding, Appellate Defender. Brandy Cook, District Attorney, For State of North Carolina.
David W. Andrews, Assistant Appellate Defender, For Anthony, Kenneth Russell.
Sonya M. Calloway-Durham, Special Deputy Attorney General, For State of North Carolina.
Glenn Gerding, Appellate Defender.
Brandy Cook, District Attorney, For State of North Carolina.
ORDER
The State's petition for discretionary review is allowed for the limited purpose of remanding to the Court of Appeals to reconsider its holding in light of this Court's decisions in State v. Hilton , 378 N.C. 692, 2021-NCSC-115, 862 S.E.2d 806, and State v. Strudwick , 2021-NCSC-127, 864 S.E.2d 231, as well as the General Assembly's recent amendments to the satellite-based monitoring program, see Act of Sep. 2, 2021, S.L. 2021-138, § 18, https://www.ncleg.gov/EnactedLegislation/SessionLaws/PDF/2021-2022/SL2021-138.pdf (effective 1 December 2021). The Court of Appeals should take such additional actions as are warranted.
By Order of the Court in Conference, this the 14th day of December 2021.