State v. Nunez ( 2022 )

IN THE SUPREME COURT OF NORTH CAROLINA
2022-NCSC-112
No. 255PA20
Filed 4 November 2022
STATE OF NORTH CAROLINA
v.
EDGARDO GANDARILLA NUNEZ
On writ of certiorari pursuant to N.C.G.S. § 7A-32(c) to review an order
denying defendant’s petition for writ of certiorari entered on 23 September 2019 by
Judge Paul C. Ridgeway in Superior Court, Wake County. On 15 December 2020,
pursuant to N.C.G.S. § 7A-31(a) and (b), and Rule 15(e)(1) of the North Carolina
Rules of Appellate Procedure, the Supreme Court allowed defendant’s petition for
discretionary review prior to determination by the Court of Appeals. On 30 June 2020,
this Court allowed the motion of the defendant in State v. Diaz-Tomas, 2022-NCSC-
115, to consolidate these cases for oral argument. Heard in the Supreme Court on 6
January 2022.
Joshua H. Stein, Attorney General, by Joseph L. Hyde, Assistant Attorney
General, for the State-appellee.
Glenn Gerding, Appellate Defender and Nicholas C. Woomer-Deters, Assistant
Appellate Defender, for defendant-appellant.
Erwin Byrd and Law Offices of Amos Tyndall PLLC, by Thomas K. Maher, for
North Carolina Advocates for Justice, amicus curiae.
STATE V. NUNEZ
2022-NCSC-112
Opinion of the Court
PER CURIAM.
For the reasons stated in State v. Diaz-Tomas, 2022-NCSC-115, the superior
court’s order is affirmed.
AFFIRMED.
Justice BERGER did not participate in the consideration or decision of this
case.