State v. Carter

HUNTER, Judge.

Lamont Derrell Carter (“defendant”) appeals from the trial court’s order denying his motion to suppress entered 31 January 2007. After careful review, we affirm this order. However, we grant defendant’s motion for appropriate relief as to his sentence and remand for the sole purpose of resentencing.

I

The State’s evidence presented at trial tends to show the following: On 3 September 2003, Officer J.J. Yardley of the Raleigh Police Department was on patrol near the intersection of Longstreet and Stuart Streets, an area well known for criminal activity, including the sale of drugs.…