Opinion
No. 179PA06.
March 8, 2007.
Case below: 176 N.C. App. 767.
DISPOSITION OF PETITIONS FOR DISCRETIONARY REVIEW UNDER G.S. 7A-31.
1. AG's Motion for Temporary Stay (COA05-254).
2. AG's Petition for Writ of Supersedeas.
3. AG's PDR Under N.C.G.S. § 7A-31.
4. Def's NOA Based Upon a Constitutional Question.
5. AG's Motion to Dismiss Appeal.
1. Allowed. 360 N.C. 485
Stay Dissolved.
2. Denied.
3. Allowed for the limited purpose of (1) vacating that portion of the Court of Appeals opinion ordering remand to the trial court for resentencing and (2) remanding to the Court of Appeals for reconsideration in light of State v. Blackwell, 361 N.C. 41.
4. ___.
5. Allowed.