STATE v. BUDDINGTON

No. COA10-286.

707 S.E.2d 655 (2011)

STATE of North Carolina v. Christopher BUDDINGTON, Defendant.

Court of Appeals of North Carolina.

March 1, 2011.


Attorney(s) appearing for the Case

Attorney General Roy A. Cooper, III , by Assistant Attorney General Joan M. Cunningham , for the State.

Appellate Defender Staples S. Hughes , by Assistant Appellate Defender Barbara S. Blackman , for defendant-appellee.


STROUD, Judge.

Defendant was indicted for possessing a firearm as a felon. Defendant filed a motion to dismiss which the trial court granted. Because defendant failed to present any evidence in support of his motion to dismiss the indictment on an as-applied constitutional challenge, the trial court erred in granting the motion to dismiss, and we reverse.

I. Background

On or about 7 May 2007, defendant was indicted for possession of a firearm by...

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