State v. Rhodes

HUNTER, JR., Robert N., Judge.

The State appeals from the trial court’s order setting aside Defendant’s convictions and awarding Defendant a new trial based upon newly discovered evidence. After careful review, we affirm.

I. Factual & Procedural Background

On 5 March 2010, a Rockingham County jury convicted Brian Wendell Rhodes, Jr. (“Defendant”) on charges of possession with intent to manufacture, sell, or deliver cocaine and possessing drug paraphernalia. The State’s evidence at trial, as summarized in this Court’s prior unpublished decision, State v. Rhodes, No. COA10-784 (N.C. App. January…