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STATE v. HOLADIA

No. COA00-1162.

561 S.E.2d 514 (2002)

STATE of North Carolina v. Gerard Paul HOLADIA and Demetrius Montel Cooper.

Court of Appeals of North Carolina.

March 19, 2002.

Attorney(s) appearing for the Case

Attorney General Michael F. Easley, by Special Deputy Attorney General Lorinzo L. Joyner and Assistant Attorney General E. Clementine Peterson, for the State.

McCotter, McAfee & Ashton, P.L.L.C., by Rudolph A. Ashton, III and Terri W. Sharp, New Bern, for defendant-appellant, Holadia.

Everett & Hite, L.L.P., by Kimberly A. Swank, Greenville, for defendant-appellant, Cooper.

TYSON, Judge.

Gerard Paul Holadia ("Holadia") and Demetrius Montel Cooper ("Cooper") appeal the entry of judgments following a jury verdict finding both guilty of two counts of armed robbery with a dangerous weapon and one count of assault with a deadly weapon inflicting serious injury. We hold there is no error as to defendant Holadia. We reverse and remand for a new trial as to defendant Cooper.

I. Facts

Evidence presented at trial tended...

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