STATE v. OAKS

No. COA02-1713.

594 S.E.2d 788 (2004)

STATE of North Carolina v. Gene Patrick OAKS.

Court of Appeals of North Carolina.

April 20, 2004.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Joan M. Cunningham and Special Deputy Attorney General John J. Aldridge, III, for the State.

Robert A. Hassell, Graham, for defendant.


TIMMONS-GOODSON, Judge.

Gene Patrick Oaks ("defendant") appeals from a trial court order providing that the Rockingham County Sheriff destroy weapons and ammunition seized during defendant's arrest on drug and weapons charges. For the reasons stated herein, we affirm in part, vacate in part, and remand the trial court's order.

The factual and procedural history of this case is as follows: On 19 September 2001, Deputy F.K. Woods ("Deputy Woods") of the Rockingham...

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