STATE v. ALLEN

No. COA99-1522.

541 S.E.2d 490 (2000)

STATE of North Carolina v. John Kermit ALLEN, Jr.

Court of Appeals of North Carolina.

December 29, 2000.


Attorney(s) appearing for the Case

Attorney General Michael F. Easley, by Assistant Attorney General Thomas O. Lawton, III, for the State.

McElwee Firm, PLLC, by Kimberly C. Stevens and Elizabeth K. Mahan, North Wilkesboro, for the defendant-appellant.


LEWIS, Judge.

Defendant was tried at the 19 April 1999 session of Wilkes County Superior Court on one count of first-degree murder. On 23 April 1999, the jury returned a verdict of guilty of second-degree murder. Defendant was sentenced to a minimum of one hundred seventy-six and a maximum of two hundred twenty-one months' imprisonment. The trial court's judgment recommended a Substance Abuse Treatment Unit pursuant to N.C. Gen. Stat. § 15A-1351(h).

The...

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