STATE v. DIEHL

No. COA98-1626-2.

557 S.E.2d 152 (2001)

STATE of North Carolina v. David Charles DIEHL.

Court of Appeals of North Carolina.

December 18, 2001.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Buren R. Shields, III, for the State.

Mary March Exum, Chapel Hill, for defendant appellant.


TIMMONS-GOODSON, Judge.

On 16 January 1996, David Charles Diehl ("defendant") was indicted for first-degree murder. At trial, the jury found defendant guilty of first-degree murder on the basis of premeditation and deliberation and, after a capital sentencing proceeding, recommended life imprisonment without parole. On 10 March 1998, the trial court sentenced defendant accordingly, from which judgment defendant appealed. In a split decision, the Court of Appeals vacated...

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