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301 N.C. 526

State v. Holland

Supreme Court of North Carolina

Decided December 12, 1980

Supreme Court of North Carolina · decided 1980-12-12

Relies on State v. Small · 48 N.C. App. 222 - State v. Bagby

Decided 1980-12-12

¶1Order

¶2Defendant James Robert Holland’s petition for discretionary-review of the decision of the Court of Appeals (No. 7916SC1182, 48 N.C. App. 226, 275 S.E. 2d 572 (1980)) is allowed. On the authority of State v. Small, 301 N.C. 407, 272 S.E. 2d 128 (1980), defendant’s conviction and sentence for felonious possession of cocaine in Robeson County Case No. 78-CR-15550 is vacated and set aside; and the decision of the Court of Appeals insofar as it found no error in this case is reversed. The decision of the Court of Appeals finding no error in Robeson County Case No. 78-CR-15549, the conspiracy conviction, is affirmed.

¶3By order of the Court in Conference this 2nd day of December, 1980.

Britt, J.

¶4For the Court

¶5The foregoing order is issued over my hand and the seal of the Supreme Court this 12 day of December, 1980.

¶6John R. Morgan

¶7Clerk of the Supreme Court of North Carolina

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