State v. Capps

IN THE SUPREME COURT OF NORTH CAROLINA No. 206A19 Filed 5 June 2020 STATE OF NORTH CAROLINA v. BEN LEE CAPPS Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals,

828 S.E.2d 733

(N.C. Ct. App. 2019), vacating a judgment entered on 24 October 2017 by Judge Stanley L. Allen in Superior Court, McDowell County, and remanding for resentencing. Heard in the Supreme Court on 3 February 2020. Joshua H. Stein, Attorney General, by Kristin J. Uicker, Assistant Attorney General, for the State-appellant. Glenn Gerding, Appellate Defender, by Nicholas C.…