State v. Howard

■HUNTER, JR., Robert N., Judge,

dissenting.

I do not believe the majority opinion applies the correct standard of review. For this reason, I respectfully dissent.

I. Standard of Review

When reviewing evidentiary rulings under North Carolina Rules of Evidence 404(b) and 403,

we conduct distinct inquiries with different standards of review. When the trial corut has made findings of fact and conclusions of law to support its 404(b) ruling, . . . we look to whether the evidence supports the findings and whether the findings support the conclusions. We review de novo the legal conclusion that the…