Opinion
No. COA15–338.
02-16-2016
STATE of North Carolina v. Walter James INGRAM.
Attorney General Roy Cooper, by Assistant Attorney General Alesia Balshakova, for the State. Franklin E. Wells, Jr., for defendant-appellant.
Attorney General Roy Cooper, by Assistant Attorney General Alesia Balshakova, for the State.
Franklin E. Wells, Jr., for defendant-appellant.
Opinion
Appeal by defendant from judgment entered 13 August 2014 by Judge C. Thomas Edwards in Mecklenburg County Superior Court. Heard in the Court of Appeals 23 September 2015. Mecklenburg County, Nos. 13 CRS 246581, 13 CRS. 246582.
See State v. Rawls, 207 N.C.App. 415, 700 S.E.2d 112 (2010) (“We must presume that the General Assembly ... knew that it needed to specifically reference showups in the EIRA if it intended them to be covered by the EIRA.”). We note that the General Assembly amended the EIRA to specifically reference show-ups, which now applies to show-ups that occur on or after 1 December 2015. Act of August 11, 2015, ch. 15A, sec. 284.52, 2015 N.C. Sess. Laws 2015–212; see also State v.. Gamble, –––N.C.App. ––––, ––––, 777 S.E.2d 158, 163 (2015) (discussing the amendment). However, EIRA is inapplicable to the instant case because defendant's show-up occurred prior to 1 December 2015.