STATE v. RHODES

No. COA11-1355.

724 S.E.2d 148 (2012)

STATE of North Carolina v. Brian W. RHODES, Jr., Defendant.

Court of Appeals of North Carolina.

April 3, 2012.


Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Assistant Attorney General Kimberly N. Callahan , for the State.

Appellate Defender Staples Hughes , by Assistant Appellate Defender Daniel R. Pollitt , for Defendant-appellee.


HUNTER, JR., ROBERT N., Judge.

The State appeals from the trial court's order setting aside Defendant's convictions and awarding Defendant a new trial based upon newly discovered evidence. After careful review, we affirm.

I. Factual & Procedural Background

On 5 March 2010, a Rockingham County jury convicted Brian Wendell Rhodes, Jr. ("Defendant") on charges of possession with intent to manufacture, sell, or deliver cocaine and possessing drug...

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