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STATE v. BLACKWELL

No. 490PA04-2.

638 S.E.2d 452 (2006)

STATE of North Carolina v. Timothy Earl BLACKWELL.

Supreme Court of North Carolina.

December 15, 2006.

Attorney(s) appearing for the Case

Roy Cooper, Attorney General, by Amy C. Kunstling, Assistant Attorney General, and Robert C. Montgomery, Special Deputy Attorney General, for the state-appellant.

Staples S. Hughes, Appellate Defender, by Benjamin Dowling-Sendor, Assistant Appellate Defender, for defendant-appellee.

MARTIN, Justice.

In Washington v. Recuenco, 548 U.S. ___, 126 S.Ct. 2546, 165 L.Ed.2d 466 (2006), the United States Supreme Court concluded that error under Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), was subject to federal harmless error analysis. We therefore review the Blakely violation which occurred at defendant's second trial for harmlessness. We also address defendant's argument...

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