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STATE v. BATTLE

No. COA09-201.

688 S.E.2d 805 (2010)

STATE of North Carolina v. Kim Hester BATTLE, Defendant-Appellant.

Court of Appeals of North Carolina.

February 16, 2010.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General John G. Barnwell, Raleigh, for the State.

Sofie W. Hosford, Wilmington, for Defendant.

McGEE, Judge.

Kim Hester Battle (Defendant) was indicted on 1 October 2007 for possession of heroin and drug paraphernalia. Defendant filed a motion to suppress on 6 October 2008. This motion was heard on 7-8 October 2008, and following the presentation of the evidence, the trial court denied Defendant's motion. Following the denial of Defendant's motion to suppress, Defendant entered into a plea agreement with the State whereupon Defendant

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