Opinion
No. 267P21
08-30-2023
STATE of North Carolina v. Francisco Edgar TIRADO
Kellie Dorise Mannette, Attorney at Law, Chapel Hill, For Tirado, Francisco Edgar. Kimberly N. Callahan, Special Deputy Attorney General, For State of North Carolina.
Kellie Dorise Mannette, Attorney at Law, Chapel Hill, For Tirado, Francisco Edgar.
Kimberly N. Callahan, Special Deputy Attorney General, For State of North Carolina.
ORDER
The State's motion to dismiss defendant's notice of appeal based upon a constitutional question is allowed. Defendant's motion to amend his petition for discretionary review is allowed, and the petition for discretionary review is denied as to the first proposed issue and allowed as to the second proposed issue. The parties are directed to address in their briefing the issue of whether defendant's resentencing complied with the Court's decision in State v. Kelliher , 381 N.C. 558, 873 S.E.2d 366 (2022).
By order of the Court in Conference, this the 30th day of August 2023.