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STATE v. WALKER

No. COA03-1426-2.

654 S.E.2d 722 (2008)

STATE of North Carolina v. Jason Christopher WALKER & Emil E. Browning, Jr., & Javier A. Hernandez, Jr.

Court of Appeals of North Carolina.

January 15, 2008.

Attorney(s) appearing for the Case

Roy Cooper, Attorney General, by Philip A. Lehman, Assistant Attorney General, for the State. (Jason Christopher Walker).

Roy Cooper, Attorney General, by Kristine L. Lanning, Assistant Attorney General, for the State. (Emil E. Browning, Jr.).

Roy Cooper, Attorney General, by Barbara A. Shaw, Assistant Attorney General, for the State. (Javier A. Hernandez, Jr.).

Staples Hughes, Appellate Defender, by Kelly D. Miller, Assistant Appellate Defender, for defendant-appellant Walker.

Brian Michael Aus, Durham, for defendant-appellant Browning.

Geoffrey W. Hosford, Wilmington, for defendant-appellant Hernandez.

STEELMAN, Judge.

The trial court erroneously sentenced defendant Browning in the aggravated range without submitting the aggravating factor to the jury as required by Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). Under State v. Blackwell, 361 N.C. 41, 638 S.E.2d 452 (2006), this error cannot be deemed harmless because we cannot determine from the record...

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