Opinion
No. 539PA05.
Filed June 29, 2007.
On discretionary review pursuant to N.C.G.S. § 7A-31 of a unanimous decision of the Court of Appeals, 173 N.C. App. 444, 618 S.E.2d 784 (2005), remanding for resentencing a judgment entered 11 December 2001 by Judge Carl L. Tilghman in Superior Court, Martin County, following defendant's plea of guilty to robbery with a dangerous weapon. Heard in the Supreme Court 8 May 2007.
Roy Cooper, Attorney General, by Robert C. Montgomery, Special Deputy Attorney General, for the State-appellant. Geoffrey W. Hosford for defendant-appellee.
The decision of the Court of Appeals is reversed and remanded to that court for reconsideration in light of our decisions in State v. Hurt, 361 N.C. 325, 643 S.E.2d 915 (2007), and State v. Blackwell, 361 N.C. 41, 638 S.E.2d 452 (2006), cert. denied, ___ U.S. ___, ___ L. Ed. 2d ___, 75 U.S.L.W. 3609 (2007).
REVERSED AND REMANDED.