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363 N.C. 576

681 S.E.2d 339

State v. Jacobs

Supreme Court of North Carolina

Decided August 28, 2009

Supreme Court of North Carolina · decided 2009-08-28

Relies on State v. Blackwell · State v. Tucker

Decided 2009-08-28

PER CURIAM.

¶1 Both parties have conceded that State v. Tucker, 357 N.C. 633, 588 S.E.2d 853 (2003), is controlling and was incorrectly applied by the Court of Appeals in this case. Accordingly, the decision of the Court of Appeals is vacated and the case is remanded to that court for reconsideration of the issue of harmless error consistent with State v. Blackwell, 361 N.C. 41, 638 S.E.2d 452 (2006), cert. denied, 550 U.S. 948 (2007).

¶2 VACATED AND REMANDED.

Justice TIMMONS-GOODSON took no part in the consideration or decision of this case.
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