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  5. 645 S.E.2d 196 (2007)
 

RICHARDS v. NORTH CAROLINA TAX REVIEW BD.

No. COA06-1364.

645 S.E.2d 196 (2007)

William Alexander RICHARDS, Jr., Petitioner, v. NORTH CAROLINA TAX REVIEW BOARD, and E. Norris Tolson, Secretary of Revenue, North Carolina Department of Revenue, Respondents.

Court of Appeals of North Carolina.

June 5, 2007.

Attorney(s) appearing for the Case

Hyler & Lopez, P.A., by George B. Hyler, Jr., and Robert J. Lopez, Asheville, for petitioner appellant.

Attorney General Roy Cooper, by Assistant Attorney General, Michael D. Youth, for respondent appellees.

McCULLOUGH, Judge.

Petitioner appeals from a trial court order granting respondents' motion to dismiss. We affirm.

FACTS

William Alexander Richards, Jr. ("petitioner") was convicted by a jury of trafficking marijuana by manufacture, possession and transportation. Based on petitioner's possession of 64,864 grams of marijuana, the Department of Revenue gave petitioner notice that he owed unauthorized substance excise tax and penalty in the amount...

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