STATE v. CARTER

No. COA07-1156.

661 S.E.2d 895 (2008)

STATE of North Carolina v. Lamont Derrell CARTER.

Court of Appeals of North Carolina.

June 17, 2008.


Attorney(s) appearing for the Case

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

Duncan B. McCormick, Lillington, for defendant-appellant.


HUNTER, Judge.

Lamont Derrell Carter ("defendant") appeals from the trial court's order denying his motion to suppress entered 31 January 2007. After careful review, we affirm this order. However, we grant defendant's motion for appropriate relief as to his sentence and remand for the sole purpose of resentencing.

I.

The State's evidence presented at trial tends to show the following: On 3 September 2003, Officer J.J. Yardley of the Raleigh Police...

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