STATE v. JOHNSON

No. COA03-254.

599 S.E.2d 599 (2004)

STATE of North Carolina v. Michael Brian JOHNSON.

Court of Appeals of North Carolina.

August 17, 2004.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Tina A. Krasner, for the State.

Miles & Montgomery, by Mark Montgomery, Durham, for defendant-appellant.


TIMMONS-GOODSON, Judge.

Michael Brian Johnson ("defendant") appeals his conviction for first-degree statutory sexual offense. For the reasons discussed herein, we hold that defendant is entitled to a new trial.

On 9 July 2001, defendant was indicted for first-degree statutory sexual offense. On 29 December 2002, defendant was also charged with first-degree rape by a bill of information. Prior to trial, defendant subpoenaed records compiled by the Henderson...

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