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STATE v. HOWARD

No. COA 12-996.

742 S.E.2d 858 (2013)

STATE of North Carolina v. Mason Jamel HOWARD.

Court of Appeals of North Carolina.

June 18, 2013.

Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Assistant Attorney General Brent D. Kiziah , for the State.

Bryan Gates , for defendant-appellant.

STEELMAN, Judge.

Where defendant objected upon one basis before the trial court, he cannot "swap horses" and argue a different theory on appeal. Where defendant does not argue the objection made before the trial court on appeal, we must dismiss his appeal.

I. Factual and Procedural Background

At about 10:53 P.M. on 20 November 2010, Kannapolis Police Department Officer Christopher D. Hill (Officer...

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