State v. Marcoplos

Following this Court’s affirmance of defendants’ convictions of second degree trespass in State v. Marcoplos, 154 N.C. App. 581, 572 S.E.2d 820 (2002), defendants appealed by right to the Supreme Court of North Carolina based upon Judge Greene’s dissent. See N.C. Gen. Stat. § 7A-30(2) (2002). That Court affirmed our decision without opinion (Per Curiam). However, upon noting that “ [defendants . . . sought review ... of a constitutional issue originally presented to but not addressed by the Court of Appeals,” our Supreme Court, “decline [d] to consider this constitutional issue in the first…