State v. Hurt ( 2013 )

IN THE SUPREME COURT OF NORTH CAROLINA
No. 505PA10
FILED 27 JUNE 2013
STATE OF NORTH CAROLINA
v.
DAVID FRANKLIN HURT
On discretionary review pursuant to N.C.G.S. ' 7A-31 of a unanimous
decision of the Court of Appeals, 208 N.C. App. 1, 702 S.E.2d 82 (2010), finding
prejudicial error in a judgment entered on 4 April 2008 by Judge Thomas D.
Haigwood in Superior Court, Caldwell County, and remanding for a new sentencing
trial. Heard in the Supreme Court on 12 February 2013.
Roy Cooper, Attorney General, by Daniel P. O’Brien, Assistant Attorney
General, for the State-appellant.
Staples S. Hughes, Appellate Defender, by Barbara S. Blackman, Assistant
Appellate Defender, for defendant-appellee.
PER CURIAM.
For the reasons stated in State v. Ortiz-Zape, ___ N.C. ___, ___, ___ S.E.2d
___, ___ (2013), the decision of the Court of Appeals is reversed. The case is
remanded for consideration of the remaining issues on appeal.
REVERSED AND REMANDED.
Chief Justice PARKER and Justice HUDSON dissent for the reasons stated
in Justice Hudson’s dissenting opinions in State v. Ortiz-Zape, ___ N.C. ___, ___
STATE V. HURT
Opinion of the Court
S.E.2d ___ (2013) (329PA11) and State v. Brewington, ___ N.C. ___, ___ S.E.2d ___
(2013) (235PA10).
Justice BEASLEY did not participate in the consideration or decision of this
case.
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