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STATE v. HERMAN

No. COA11-1291.

726 S.E.2d 863 (2012)

STATE of North Carolina. v. Tracy Scott HERMAN, Defendant.

Court of Appeals of North Carolina.

June 5, 2012.

Attorney(s) appearing for the Case

Attorney General Roy A. Cooper, III , by Assistant Attorney General Laura E. Parker , for the State.

Glenn Gerding , for defendant-appellee.

STROUD, Judge.

This matter is before this Court on the State's appeal from a trial court's order allowing Tracy Scott Herman's ("defendant") motion to have certain portions of N.C. Gen. Stat. § 14-208.18 declared unconstitutional. As the indictment charging defendant was insufficient, we do not have subject matter jurisdiction and dismiss the State's appeal.

I. Background

On 3 January 2011, defendant was indicted for one count of being a sex...

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