State v. Duncan

663 S.E.2d 429 (2008)

STATE of North Carolina

v.

Thomas Howard DUNCAN.

No. 91A08.

Supreme Court of North Carolina.

June 11, 2008.

John G. Barnwell, Assistant Attorney General, Rex Gore, District Attorney, for State of NC.

Lisa M. Miles, for Duncan.

Prior report: ___ N.C.App. ___, 656 S.E.2d 597.

ORDER

Upon consideration of the petition filed by State of NC on the 21st day of February 2008 for Writ of Supersedeas of the judgment of the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Allowed by order of the Court in conference, this the…