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STATE v. BOGGESS

No. COA08-746.

673 S.E.2d 791 (2009)

STATE of North Carolina v. Todd Charles BOGGESS.

Court of Appeals of North Carolina.

March 17, 2009.

Attorney(s) appearing for the Case

Glover & Petersen, P.A., by James R. Glover, Chapel Hill, for defendant.

Attorney General Roy Cooper, by Assistant Attorney General William B. Crumpler, for the State.

WYNN, Judge.

This is a second appeal for Defendant arising from the facts in this matter, which are set forth in State v. Boggess, 358 N.C. 676, 600 S.E.2d 453 (2004) (Boggess I).

The first appeal arose from his capital trial in January 1997 wherein a jury found him guilty of first-degree murder on the basis of premeditation and deliberation; felony murder, with kidnapping and...

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