STATE v. ALLEN

No. COA11-744.

731 S.E.2d 510 (2012)

STATE of North Carolina v. Derrick ALLEN.

Court of Appeals of North Carolina.

September 4, 2012.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Senior Deputy Attorney General William P. Hart, Sr., Assistant Attorney General Daniel P. O'Brien, and Assistant Attorney General Derrick C. Mertz, for the State.

Appellate Defender Staples Hughes, by Assistant Appellate Defender Daniel K. Shatz, for Defendant-Appellee.


ERVIN, Judge.

The State appeals from an order granting Defendant Derrick Allen's motion to dismiss with prejudice the first degree murder, felony child abuse and first degree statutory sex offense charges that had been lodged against him. On appeal, the State contends that the trial court erred by: (1) making certain findings of fact which lacked adequate evidentiary support; (2) concluding that Defendant's constitutional rights had been violated and that dismissal...

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