STATE v. BENITEZ

No. 24PA15.

777 S.E.2d 60 (2015)

STATE of North Carolina, v. Juan Carlos BENITEZ.

Supreme Court of North Carolina.

September 25, 2015.


Attorney(s) appearing for the Case

Appellate Defender, Staples Hughes by Assistant Appellate Defender, Anne M. Gomez , for defendant.

Attorney General, Roy Cooper by Assistant Attorney General, Amy Kunstling Irene , for the State.


This case has come before the Court by way of the State's Petition for Discretionary Review pursuant to N.C.G.S. § 7A-31.

Pursuant to N.C.G.S. § 15A-1418, the decision of the Court of Appeals is vacated and this Court now ORDERS this case remanded to the Court of Appeals for remand to the Superior Court, Lee County, for an evidentiary hearing to make findings of fact necessary to determine whether the trial counsel's actions fell below an objective standard...

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