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STATE v. TERRY

No. 364A92.

447 S.E.2d 720 (1994)

STATE of North Carolina v. Ervin Louis TERRY, Jr.

Supreme Court of North Carolina.

September 9, 1994.

Attorney(s) appearing for the Case

Michael F. Easley, Atty. Gen. by Jeffrey P. Gray, Asst. Atty. Gen., for state.

Mark Galloway, Roxboro, for defendant-appellant.

EXUM, Chief Justice.

Defendant raises five assignments of error from the guilt determination proceeding and two from the sentencing proceeding in the second-degree murder case (91 CRS 6412). We find one of the assignments of error from the sentencing phase meritorious and order that defendant be resentenced in the second-degree murder case.

I.

Defendant was convicted of first-degree murder of Timothy Pernell (91 CRS 6413) under the felony-murder...

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