State v. Miller

TYSON, Judge.

*517 This case is before this Court on remand by Order of the North Carolina Supreme Court to be reconsidered in light of that Court's recent decision in State v. Rogers , --- N.C. ----, 817 S.E.2d 150 (2018).

*563 I. Factual and Procedural Background

The facts underlying this case are set forth in detail in our Court's previous opinion, State v. Miller , --- N.C. App. ----, 817 S.E.2d 503 , 2018 WL 3734368 (2018) (unpublished). They are recounted briefly below.

The State's evidence showed Union County Sheriff's Sgt. Mark Thomas received a complaint asserting Defendant was "involved in *518…