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STATE v. HARGETT

No. COA02-710.

577 S.E.2d 703 (2003)

STATE of North Carolina v. Rudolph Marcel HARGETT.

Court of Appeals of North Carolina.

April 1, 2003.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Daniel S. Johnson, for the State.

Public Defender Isabel Scott Day, by Assistant Public Defender Julie Ramseur Lewis, for defendant.

TYSON, Judge.

I. Background

On 10 June 2000, Charlotte-Mecklenburg Police Officer David Collins ("Collins") received a report around 10:20 p.m. of someone breaking into work vans parked inside a fenced lot off of Parkton Road.

Collins arrived at the location and observed several work vans, all belonging to Queen City Electric. Collins noticed an individual lying beside a van inside the fenced lot. After Collins instructed that person to stop...

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