STATE v. GAMEZ

No. COA12-1488.

743 S.E.2d 700 (2013)

STATE of North Carolina v. Osman GAMEZ.

Court of Appeals of North Carolina.

July 2, 2013.


Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Assistant Attorney General Elizabeth J. Weese , for the State.

Glenn, Mills, Fisher & Mahoney, P.A., by Carlos E. Mahoney , for defendant-appellant.


STEELMAN, Judge.

Where the State's witness testified concerning statements made to the victim by the victim's brother and defendant failed to make a motion to strike that testimony, defendant did not preserve the issue for appellate review. For purposes of applying the recent amendment to Rule 702 of the North Carolina Rules of Evidence in criminal proceedings, the operative date is the date that the indictment was filed. The trial court did not abuse its discretion...

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