STATE v. DEESE

No. COA96-1310.

491 S.E.2d 682 (1997)

STATE of North Carolina, v. Andy Lamont DEESE.

Court of Appeals of North Carolina.

October 21, 1997.


Attorney(s) appearing for the Case

Attorney General Michael F. Easley by Assistant Attorney General H. Alan Pell, for the State.

Inge, Doran & Shelby, P.A. by Robert L. Inge, Raleigh, for defendant-appellant.


TIMMONS-GOODSON, Judge.

Defendant Andy Lamont Deese appeals from his conviction of second degree murder and his sentence to an aggravated term of imprisonment. For the reasons set forth below, we ascertain no error at trial but remand for a new sentencing hearing consistent with this opinion.

At trial, the evidence tended to show the following: On 4 December 1995, defendant shot and killed Owen Leviner, Sr. following a long, tempestuous landlord-tenant dispute...

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