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STATE v. BERRY

No. COA13-953.

761 S.E.2d 700 (2014)

STATE of North Carolina, v. Eddie Daniel BERRY.

Court of Appeals of North Carolina.

August 5, 2014.

Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Assistant Attorney General Sarah Y. Meacham , for the State.

Appellate Defender Staples Hughes , by Assistant Appellate Defender Nicholas C. Woomer-Deters , for defendant-appellant.

STEELMAN, Judge.

In accepting a stipulation of the parties and giving an instruction to the jury on how to consider the stipulation, the trial court did not express an opinion on a question of fact to be decided by the jury in violation of N.C. Gen.Stat. § 15A-1222 or express an opinion as to whether a fact had been proved in violation of N.C. Gen.Stat. § 15A-1232. Plain error review is not applicable to appellate review of a stipulation entered into by...

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