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STATE v. TANNER

No. COA08-251.

666 S.E.2d 845 (2008)

STATE of North Carolina v. Samuel Travis TANNER.

Court of Appeals of North Carolina.

October 7, 2008.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Special Deputy Attorney General Kathleen M. Waylett, for the State.

William D. Spence, Kinston, for defendant-appellant.

TYSON, Judge.

Samuel Travis Tanner ("defendant") appeals judgment entered after: (1) a jury found him to be guilty of felony possession of stolen goods pursuant to N.C. Gen.Stat. § 14-71.1 and (2) defendant pleaded guilty to attaining the status of habitual felon pursuant to N.C. Gen.Stat. § 14-7.1. We vacate and remand for resentencing.

I. Background

On 27 August 2006, several businesses located on South Person Street in Raleigh...

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