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STATE v. SELLARS

No. COA04-289-2.

664 S.E.2d 45 (2008)

STATE of North Carolina v. Randy Lee SELLARS.

Court of Appeals of North Carolina.

August 5, 2008.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Hilda Burnett-Baker, for the State.

Jarvis John Edgerton, IV, Raleigh, for defendant-appellant.

CALABRIA, Judge.

The Supreme Court of North Carolina remanded this case for reconsideration. We hold the trial court's error was harmless beyond a reasonable doubt and preserve defendant's sentence as determined by the trial court.

The facts described in State v. Sellers [sic], 155 N.C. App. 51, 574 S.E.2d 101 (2002) are repeated in this opinion. The State's evidence showed that just before 2 a.m. on 28 October 1999...

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