STATE v. POOLE

No. COA12-1150.

745 S.E.2d 26 (2013)

STATE of North Carolina v. Tracy Allen POOLE, Defendant.

Court of Appeals of North Carolina.

July 2, 2013.


Attorney(s) appearing for the Case

Attorney General Roy A. Cooper III , by Assistant Attorney General LaToya B. Powell , for the State.

Appellate Defender Staples S. Hughes , by Assistant Appellate Defender Andrew DeSimone , for defendant-appellee.


STROUD, Judge.

The State appeals from an order entered 5 June 2012 dismissing an indictment charging Tracy Allen Poole ("defendant") with violating an ex parte domestic violence protective order (DVPO) that required him to surrender his firearms. We conclude that the Supreme Court case relied upon by the trial court is not controlling on the issue presented here because of subsequent statutory amendments and that prosecution of defendant for violation of an...

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