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STATE v. SATTERTHWAITE

No. COA13-1323.

759 S.E.2d 369 (2014)

STATE of North Carolina v. Gregvon SATTERTHWAITE.

Court of Appeals of North Carolina.

June 17, 2014.

Attorney(s) appearing for the Case

Roy Cooper , Attorney General, by E. Burke Haywood , Special Deputy Attorney General, for the State.

Leslie C. Rawls , Charlotte, for defendant-appellant.

TEELMAN, Judge.

Where the indictment alleged possession of plastic baggies as drug paraphernalia, and the State did not present evidence of plastic baggies, the trial court erred in denying defendant's motion to dismiss the charge of possession of drug paraphernalia. Where the cold record does not demonstrate whether defendant received ineffective assistance of counsel, this argument is dismissed without prejudice.

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