STATE v. DAVIS

No. COA12-1054.

738 S.E.2d 417 (2013)

STATE of North Carolina v. Gary L. DAVIS.

Court of Appeals of North Carolina.

March 19, 2013.


Attorney(s) appearing for the Case

Michael E. Casterline , attorney for defendant.

Attorney General Roy Cooper , by Special Deputy Attorney General Daniel Snipes Johnson , for the State.


ELMORE, Judge.

Gary L. Davis (defendant) appeals from a judgment entered upon a jury conviction of second-degree murder, sentencing him to 220 to 273 months imprisonment. After careful consideration, we conclude that defendant received a trial free from error, but we remand for resentencing.

I. Background

On 5 December 2008, defendant and a group of men were gathered at a house rented by Richard Shaw, located at 116 Jones Street in Hendersonville...

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