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STATE v. SMITH

No. COA06-1631.

654 S.E.2d 730 (2008)

STATE of North Carolina v. Seneca Levartus SMITH.

Court of Appeals of North Carolina.

January 15, 2008.

Attorney(s) appearing for the Case

Attorney General Roy A. Cooper, III, by Special Deputy Attorney General Thomas J. Ziko, for the State.

Appellate Defender Staples Hughes, by Assistant Appellate Defender Matthew D. Wunsche, for defendant-appellant.

STEELMAN, Judge.

When the trial court's supplemental jury instructions are not additional instructions within the meaning of N.C. Gen.Stat. § 1234, the court does not err when it does not consult with the parties or give them an opportunity to be heard before giving the instructions. When the State shows that the violation of defendant's right to presence under Article I, § 23 of the North Carolina Constitution was harmless beyond a reasonable doubt, a new...

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