State v. Smith , 818 S.E.2d 100 ( 2018 )

IN THE SUPREME COURT OF NORTH CAROLINA
No. 290A17
Filed 21 September 2018.
STATE OF NORTH CAROLINA
v.
MARCUS MARCEL SMITH
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 235 (2017), reversing an order
denying defendant’s motion to suppress entered on 9 May 2016 by Judge John O.
Craig III in Superior Court, Forsyth County. On 7 December 2017, the Supreme
Court allowed petitions for discretionary review of additional issues filed by both the
State and defendant. Heard in the Supreme Court on 29 August 2018.
Joshua H. Stein, Attorney General, by Teresa M. Postell, Assistant Attorney
General, for the State-appellant/appellee.
Jason Christopher Yoder for defendant-appellant/appellee.
PER CURIAM.
For the reasons stated in the dissenting opinion, we reverse the decision of the
Court of Appeals. With respect to the additional issues raised by the parties’ petitions
for discretionary review, we conclude that discretionary review was improvidently
allowed. Therefore, the decision of the Court of Appeals as to these matters remains
undisturbed.
STATE V. SMITH
Opinion of the Court
REVERSED IN PART; DISCRETIONARY REVIEW IMPROVIDENTLY
ALLOWED.
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