Opinion
No. 81A24
06-26-2024
STATE of North Carolina v. Mark Alan MILLER
Kirby H. Smith, III, Attorney at Law, New Bern, For Mark Alan Miller. Jodi Privette Carpenter, Assistant Attorney General, For State of North Carolina.
From N.C. Court of Appeals 22-689; From Henderson 18CRS54778, 19CRS367, Forty-Second District
Kirby H. Smith, III, Attorney at Law, New Bern, For Mark Alan Miller.
Jodi Privette Carpenter, Assistant Attorney General, For State of North Carolina.
ORDER
Defendant’s petition for discretionary review as to additional issues is allowed in part and denied in part. The Court will review the following issues:
1. Did the Court of Appeals err affirming the trial court’s denial of Miller’s motion to dismiss the charge of trafficking opium by possession of hydrocodone, on the grounds hydrocodone is an opioid and opioids are included in N.C.G.S. § 90-95(h)(4)?
2. Did the Court of Appeals err by finding the trial court’s instruction to the jury that opioids are included in N.C.G.S. § 90-95(h)(4) was a correct statement of the law?
By order of the Court in Conference, this the 26th day of June 2024.