State v. Rico

CALABRIA, Judge.

Felipe Alfaro Rico (“defendant”) appeals from (1) a judgment entered upon his guilty plea to voluntary manslaughter and (2) an order denying his motion for appropriate relief (“MAR”). We vacate defendant’s judgment and the order denying his MAR and remand for resentencing.

I. Background

On 29 September 2008, defendant was indicted in Sampson County Superior Court on the charge of first degree murder for the shooting death of Mario Alberto Rivera-Juarez. On 9 July 2008, the State served defendant’s counsel with notice of its intention to prove the existence of the aggravating…