State v. Cannon ( 2018 )

IN THE SUPREME COURT OF NORTH CAROLINA
No. 276A17
Filed 2 March 2018
STATE OF NORTH CAROLINA
v.
GARY WILLIAM CANNON
Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of
the Court of Appeals, ___ N.C. App. ___, 804 S.E.2d 199 (2017), affirming in part and
vacating in part a judgment entered on 13 May 2016 by Judge Daniel A. Kuehnert in
Superior Court, Lincoln County, and remanding for a new sentencing hearing. Heard
in the Supreme Court on 6 February 2018.
Joshua H. Stein, Attorney General, by Thomas J. Campbell, Special Deputy
Attorney General, for the State.
William D. Spence for defendant-appellant.
PER CURIAM.
The decision of the Court of Appeals is affirmed. However, we specifically
disavow that court’s taking of judicial notice of the prevalence of Wal-Mart stores in
Gastonia and in the area between Gastonia and Denver, as well as of the “ubiquitous
nature of Wal-Mart stores.” State v. Cannon, ___ N.C. App. ___, ___, 804 S.E.2d 199,
202 (2017).
STATE V. CANNON
Opinion of the Court
AFFIRMED.
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