State v. Miller
Court of Appeals of North Carolina
1Opinion of the Court
*125STROUD, Judge.
Defendant Andre Levern Miller appeals from judgment entered upon jury verdicts finding him guilty of possession of cocaine and attaining habitual felon status. Defendant contends that the State presented insufficient evidence of possession of cocaine, and therefore the trial court erred by failing to dismiss that charge. After careful review of the record, we agree with defendant. Accordingly, we reverse the order of the trial court denying defendant’s motion to dismiss the charge of possession of cocaine and remand to the trial court with instructions to dismiss.
I. Background
The…
2Cases cited10 opinions
- State v. SmithCourt of Appeals of North Carolina · 2007
- State v. ButlerSupreme Court of North Carolina · 2002
- State v. MatiasSupreme Court of North Carolina · 2001
- State v. McCullersSupreme Court of North Carolina · 1995
- State v. JamesCourt of Appeals of North Carolina · 1986
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3Cited by5 opinions
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- State v. MillerSupreme Court of North Carolina · 2009
- State v. MillerSupreme Court of North Carolina · 2008
- State v. MillerSupreme Court of North Carolina · 2009
- State v. MillerCourt of Appeals of North Carolina · 2008