STATE v. TYSON

No. COA11-1078.

725 S.E.2d 97 (2012)

STATE of North Carolina v. Darrius Lavale TYSON, Defendant.

Court of Appeals of North Carolina.

May 15, 2012.


Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Special Deputy Attorney General Scott T. Slusser , for the State.

Sue Genrich Berry , Wilmington, for defendant-appellant.


GEER, Judge.

Defendant Darrius Lavale Tyson contends on appeal that his right to equal protection of the law was violated because the trial court improperly denied his motion to be provided with a transcript before retrial after his first trial resulted in a mistrial. As the oral findings of the trial court do not reflect the legal standard required by controlling caselaw, we remand to the trial court for a new trial.

Defendant was indicted for robbery with...

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