Opinion
No. 297PA18
10-17-2019
STATE of North Carolina v. Antwaun Kyral SIMS
ORDER
Defendant's motion for appropriate relief in this matter is remanded to the Superior Court in Onslow County for an evidentiary hearing pursuant to N.C.G.S. § 15A-1418(b) - (c). Accordingly, the time periods for perfecting or proceeding with the appeal are tolled, and the order of the trial division with regard to the motion must be transmitted to the appellate division so that the appeal can proceed or an appropriate order terminating it can be entered. Additionally, defendant's resentencing appeal is hereby held in abeyance, until further order of this Court.
By order of this Court in Conference. this 17th day of October, 2019.