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STATE v. BALLENGER

No. COA95-847.

472 S.E.2d 572 (1996)

STATE of North Carolina v. Franklin BALLENGER.

Court of Appeals of North Carolina.

July 16, 1996.

Attorney(s) appearing for the Case

James H. Price, III, Greenville, and Charles L. Morgan, Jr., Charlotte, for defendant-appellee.

Michael F. Easley, Attorney General, by Christopher E. Allen, Assistant Attorney General, for the State.

JOHN C. MARTIN, Judge.

The State of North Carolina appeals from an order of the trial court dismissing criminal charges against defendant, Franklin Ballenger, for violation of the North Carolina Controlled Substances Act, G.S. § 90-86 et seq. (1993). The facts of this case are undisputed and are as follows: On 15 September 1994, defendant was found in possession of two pounds of marijuana in Guilford County, North Carolina. He was arrested and charged...

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