State v. Battle

ARROWOOD, Judge.

This case comes before us on remand from the North Carolina Supreme Court to reconsider our decision in light of its holding in State v. Brice , --- N.C. ----, --- S.E.2d ---- (3 November 2017), which reversed this Court's decision in State v. Brice, --- N.C. App. ----, 786 S.E.2d 812 (2016). In this Court's previous decision, we stated "[w]e hold that the circumstances of defendant's case are identical to those found in Brice ." Battle , --- N.C. App. at ----, --- S.E.2d at ----. Given this determination, and in reliance on the Court's previous holding in Brice , we vacated…