State v. Stukes

TYSON, Judge.

The State appeals from Judge Lanier’s order granting defendant’s motion for appropriate relief on the basis of newly discovered evidence. We affirm.

I. Facts

Stevie Odell Stukes, (“defendant”), was tried and found guilty of first degree murder, robbery with a dangerous weapon, and discharging a weapon into occupied property. The State’s evidence tended to show that LaLa Faison was visiting with J.W. Merritt (“victim”) on a dirt road near Wallace, North Carolina. Faison saw a man known as “Pokey” in a car parked on the side of the road. Daniel Williams stood with Pokey and held a…