Legal Opinion

State v. Sellars

Court of Appeals of North Carolina

Decided August 5, 2008No. COA04-289-2PublishedCited by 1 opinion

1Opinion of the Court

CALABRIA, Judge.

The Supreme Court of North Carolina remanded this case for reconsideration. We hold the trial court’s error was harmless beyond a reasonable doubt and preserve defendant’s sentence as determined by the trial court.

The facts described in State v. Sellers [sic], 155 N.C. App. 51, 574 S.E.2d 101 (2002) are repeated in this opinion. The State’s evidence showed that just before 2 a.m. on 28 October 1999, Randy Lee Sellars (“defendant”) entered the Pantry Convenience Store in Graham, North Carolina and told the clerk to call the police because he needed to speak to a law man.…

2Cases cited12 opinions

  1. Blakely v. WashingtonSupreme Court of the United States · 2004
  2. Neder v. United StatesSupreme Court of the United States · 1999
  3. Washington v. RecuencoSupreme Court of the United States · 2006
  4. State v. BlackwellSupreme Court of North Carolina · 2006
  5. State v. MooreSupreme Court of North Carolina · 1970

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3Cited by1 opinion

  1. State v. SellarsCourt of Appeals of North Carolina · 2008

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