State v. Murray

DILLON, Judge.

Donnell Murray (Defendant) appeals from judgments entered upon convictions of possession with intent to sell and deliver cocaine and sale of cocaine in violation of N.C. Gen. Stat. § 90-95 (2011), challenging the authentication and relevancy of photographs admitted into evidence, the trial court’s failure to exercise its discretion in responding to a jury request, and the alleged ineffective assistance of Defendant’s trial counsel.1 We conclude that Defendant is entitled to a new trial.

I. Background

The evidence of record tends to show the following: On 18 January 2011, Phillip…