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STATE v. PHILLIPS

No. COA03-364.

592 S.E.2d 272 (2004)

STATE of North Carolina v. Kevin Wayne PHILLIPS.

Court of Appeals of North Carolina.

February 17, 2004.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Grady L. Balentine, Jr., for the State.

Osborn & Tyndall, P.L.L.C., by Amos Granger Tyndall, Chapel Hill, for defendant-appellant.

CALABRIA, Judge.

Kevin Wayne Phillips ("defendant") was arrested and indicted on five counts each of felonious possession of stolen property and felonious larceny based upon his alleged involvement in the theft of five four-wheelers in early December 2001 from Parker's Marine and Outdoors. Defendant was separately indicted for having attained the status of habitual felon. At trial, defendant moved to dismiss the charges at the close of the State's case and specifically...

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