STATE v. SHERMAN

No. 313PA07.

662 S.E.2d 389 (2008)

STATE of North Carolina v. Lemuel SHERMAN.

Supreme Court of North Carolina.

April 10, 2008.


Attorney(s) appearing for the Case

William B. Crumpler, Assistant Attorney General, David Saacks, District Attorney, for State of NC.

William J. Thomas, II, Durham, for Sherman.


ORDER

Upon consideration of the petition for writ of certiorari filed by the State in this matter, the following order was entered and is hereby certified to the Superior Court, Durham County:

"Rule 24 authorizes the trial court to consider `the existence of evidence of aggravating circumstances,' Gen. R. Pract. Super. & Dist. Cts. 24, 2008 Ann. R.N.C. 25, but `does not permit a trial court to declare a case noncapital based on the State's forecast...

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