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STATE v. RICO

No. COA10-1536.

720 S.E.2d 801 (2012)

STATE of North Carolina v. Felipe Alfaro RICO.

Court of Appeals of North Carolina.

January 17, 2012.

Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Assistant Attorney General Kathleen N. Bolton , for the State.

Appellate Defender Staples Hughes , by Assistant Appellate Defender Daniel R. Pollitt , for defendant-appellant.

CALABRIA, Judge.

Felipe Alfaro Rico ("defendant") appeals from (1) a judgment entered upon his guilty plea to voluntary manslaughter and (2) an order denying his motion for appropriate relief ("MAR"). We vacate defendant's judgment and the order denying his MAR and remand for resentencing.

I. Background

On 29 September 2008, defendant was indicted in Sampson County Superior Court on the charge of first degree murder for the shooting death...

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