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STATE v. BYRD

No. 499A07.

675 S.E.2d 323 (2009)

STATE of North Carolina v. Billy Ray BYRD.

Supreme Court of North Carolina.

May 1, 2009.

Attorney(s) appearing for the Case

Roy Cooper, Attorney General, by Elizabeth F. Parsons, Assistant Attorney General, for the State.

Glover & Petersen, P.A., by James R. Glover and Ann B. Petersen, Chapel Hill, for defendant-appellant.

PARKER, Chief Justice.

Billy Ray Byrd ("defendant") appeals the enhanced sentence imposed upon his conviction for assault with a deadly weapon with intent to kill inflicting serious injury based on his knowing violation of a valid domestic violence protective order. For the reasons stated herein, we hold that the temporary restraining order ("TRO") entered in this case pursuant to Rule 65(b) of the North Carolina Rules of Civil Procedure was not a valid domestic violence...

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