State v. Bowden

I write separately, concurring in the case before this Court, which will now be labeled Bowden III. I was the author of State v. Bowden, 193 N.C. App. 597, 668 S.E.2d 107 (2008), which was filed on 4 November 2008. That case is referred to as Bowden II in the majority opinion. While discretionary review was originally accepted by our Supreme Court, that review was eventually withdrawn as having been improvidently granted by an order entered on 9 October 2009. Within a short period of time thereafter, the mandate of this Court’s opinion in Bowden II became final. N.C.R. App. P. 32.

Thereafter,…