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STATE v. MELLO

No. COA08-1054.

684 S.E.2d 477 (2009)

STATE of North Carolina v. Gary Frances MELLO.

Court of Appeals of North Carolina.

November 3, 2009.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Derrick C. Mertz, for the State.

Glover & Peterson, P.A., by James R. Glover, Chapel Hill, for defendant-appellant.

HUNTER, JR., ROBERT N., Judge.

Defendant Gary Frances Mello ("defendant") appeals his conviction under Winston-Salem City Ordinance § 38-29 ("the Ordinance") for loitering for the purpose of engaging in drug-related activity. Defendant argues that the Ordinance is unconstitutional on grounds of overbreadth and vagueness. We agree.

I. Background

On 25 February 2007 and 4 June 2007, a Forsyth County Grand Jury returned superseding indictments...

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