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STATE v. FULLWOOD

No. 37A86.

373 S.E.2d 518 (1988)

323 N.C. 371

STATE of North Carolina v. Michael Lee FULLWOOD.

Supreme Court of North Carolina.

November 3, 1988.

Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Joan H. Byers, Sp. Deputy Atty. Gen., Raleigh, for the State (original brief and argument); Lacy H. Thornburg, Atty. Gen., James J. Coman, Sr. Deputy Atty. Gen., William N. Farrell, Jr., Sp. Deputy Atty. Gen., G. Patrick Murphy, and Barry S. McNeill, Asst. Attys. Gen., Raleigh, for the State (supplemental brief and argument).

Malcolm Ray Hunter, Jr., Appellate Defender by Robin E. Hudson, Asst. Appellate Defender, Raleigh, for defendant-appellant (original brief and argument); Malcolm Ray Hunter, Jr., Appellate Defender, and Louis D. Bilionis, Raleigh, for defendant-appellant (supplemental brief and argument).

E. Ann Christian and Robert E. Zaytoun, Raleigh, for North Carolina Academy of Trial Lawyers, amicus curiae.

John A. Dusenbury, Jr., Asheville, for North Carolina Ass'n of Black Lawyers, amicus curiae.

WHICHARD, Justice.

Defendant was convicted of first degree murder and felonious breaking or entering. The jury recommended the death sentence for the murder, and the trial court sentenced accordingly. It also sentenced defendant to ten years in prison for the breaking or entering. We find no error.

The State's evidence, in pertinent summary, showed the following:

Defendant and Deidre Waters had dated for approximately three and one-half years. They...

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