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STATE v. CALHOUN

No. COA07-580.

657 S.E.2d 424 (2008)

STATE of North Carolina v. Rodreguise Lowell CALHOUN.

Court of Appeals of North Carolina.

March 4, 2008.

Attorney(s) appearing for the Case

Attorney General Roy A. Cooper, III, by Special Deputy Attorney General Ronald M. Marquette, for the State.

Mark Montgomery, Durham, for defendant-appellant.

HUNTER, Judge.

This is Rodreguise Lowell Calhoun's ("defendant") second appeal to this Court. In State v. Calhoun, 174 N.C. App. 626, 621 S.E.2d 343 (2005) (unpublished), this Court granted defendant a new trial "because the State used his silence as evidence of his guilt." Id. After the retrial, a jury found defendant guilty of first degree murder in violation of N.C. Gen.Stat. § 14-17, and the judgment was entered...

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