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STATE v. BLACKWELL

No. COA98-1284-2.

542 S.E.2d 675 (2001)

STATE of North Carolina v. Timothy Earl BLACKWELL.

Court of Appeals of North Carolina.

March 6, 2001.

Attorney(s) appearing for the Case

Attorney General Michael F. Easley, by Special Deputy Attorney General Isaac T. Avery, III, and Assistant Attorney General Jonathan P. Babb, for the State.

Public Defender Robert Brown, Jr. and Assistant Public Defender Shannon A. Tucker, Durham, for defendant-appellant.

GREENE, Judge.

In the previously filed opinion of this Court on 7 December 1999, we held Defendant was entitled to a new trial on his first-degree murder conviction because "the violated plea agreement" in the felonious impaired driving charge was "introduced as substantive evidence" at Defendant's murder trial and this evidence "became the backbone of the State's theory of prosecution." State v. Blackwell, 135 N.C. App. 729, 733, 522 S.E.2d...

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