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STATE v. MUNSEY

No. 417A95-2.

494 S.E.2d 596 (1997)

STATE of North Carolina v. Charles Wayne MUNSEY.

Supreme Court of North Carolina.

November 6, 1997.

Attorney(s) appearing for the Case

S. Mark Rabil, Winston-Salem, Ben Sendor, Assistant Appellate Defender, Dennis R. Joyce, Wilkesboro, for Munsey.

William Farrell, Jr., Senior Deputy Attorney General, M. Randy Lyon, District Attorney, Ellen Scouten, Assistant Attorney General, for State.

ORDER

Pursuant to N.C.G.S. § 15A-1418, Defendant's Second Motion for Appropriate Relief (Amended) filed in this Court on 20 October 1997 is allowed for the purpose of entering the following order:

Defendant's Motion for Appropriate Relief is hereby remanded to the Superior Court, Wilkes County.

It is further ordered that an evidentiary hearing be held on the aforesaid motion and that the resulting order containing the findings of fact...

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