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STATE v. JOHNSON

No. COA09-696.

690 S.E.2d 707 (2010)

STATE of North Carolina v. Christopher Wayne JOHNSON.

Court of Appeals of North Carolina.

March 2, 2010.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Ebony J. Pittman, for the State.

Irving Joyner, Cary, for defendant-appellant.

ROBERT N. HUNTER, JR., Judge.

Christopher Wayne Johnson ("defendant") appeals the trial court's denial of his motion to dismiss the charges alleged in the indictment of "unlawfully, willfully and feloniously" selling and delivering cocaine to "Detective Dunabro" at the close of the State's case-in-chief. Defendant contends that there was a fatal variance between the indictment and the proof with respect to the name of the...

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