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STATE v. WHITTED

No. 522P88.

374 S.E.2d 600 (1988)

STATE of North Carolina v. Earl WHITTED, Jr.

Supreme Court of North Carolina.

December 8, 1988.

Attorney(s) appearing for the Case

G. Patrick Murphy, Asst. Atty. Gen., Raleigh, for the State.

Floyd B. McKissick, Sr., Oxford, Roland Braswell, Goldsboro, for defendant.

ORDER

Upon consideration of the petition filed by Attorney General in this matter for discretionary review under G.S. 7A-31 prior to a determination by the North Carolina Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Discretionary review is allowed for the limited purpose of entering the following order: the appeal is dismissed as interlocutory; the case is remanded to the Court of Appeals...

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