STATE v. MBACKE

No. COA09-1395.

703 S.E.2d 823 (2011)

STATE of North Carolina v. Omar Sidy MBACKE, Defendant.

Court of Appeals of North Carolina.

January 4, 2011.


Attorney(s) appearing for the Case

Attorney General Roy A. Cooper , by Assistant Attorney General Martin T. McCracken , for the State.

Tin Fulton Walker & Owen, PLLC, by Noell P. Tin and Matthew G. Pruden , Charlotte, for Defendant-Appellant.


McGEE, Judge.

Omar Sidy Mbacke (Defendant) appeals from the trial court's order denying his motion for appropriate relief. For the following reasons, we reverse.

I. Factual Background and Procedural History

Defendant was indicted on 12 May 2008 for trafficking in cocaine, possession with intent to sell and deliver cocaine, trafficking cocaine by transportation, and carrying a concealed weapon. A superseding indictment was issued on 23 June 2008,...

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