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STATE v. MOORE

No. COA03-202.

592 S.E.2d 563 (2004)

STATE of North Carolina v. Daunte Dewayne MOORE, Defendant.

Court of Appeals of North Carolina.

January 20, 2004.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General D. David Steinbock, for the State.

McCotter, Ashton & Smith, P.A., by Rudolph A. Ashton, III and Terri W. Sharp, New Bern, for the defendant-appellant.

WYNN, Judge.

By this appeal, Defendant, Daunte Dewayne Moore, presents the following issues for our consideration: Did the trial court erroneously (I) allow implied hearsay; (II) allow inadmissible character evidence; (III) deny Defendant's motion to dismiss and allow the State to amend the drug paraphernalia indictment; and (IV) instruct the jury on constructive possession. After careful review, we vacate Defendant's conviction and sentences for possession of drug...

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