State v. Hargett

559 S.E.2d 282 (2002)

STATE of North Carolina

v.

Ernest G. HARGETT.

No. COA01-265.

Court of Appeals of North Carolina.

February 19, 2002.

Attorney General Roy Cooper, by Assistant Attorney General Sylvia Thibaut, for the State.

McCotter, McAfee & Ashton, P.L.L.C., by Rudolph A. Ashton, III and Kirby H. Smith, III, New Bern, for defendant-appellant.

TYSON, Judge.

I. Facts

On 31 May 2000, at approximately 12:45 a.m., Officer Robert Garrison ("Garrison"), with the New Bern Police Department, stopped Ernest G. Hargett ("defendant") on a warrant for defendant's arrest in an unrelated matter. Defendant held a…