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637 S.E.2d 539

State v. Speight

Supreme Court of North Carolina

Decided December 15, 2006

Supreme Court of North Carolina · decided 2006-12-15

Cited by 4 later decisions — most recently June 2018

4 state decisions

Relies on Washington v. Recuenco · 166 N.C. App. 106 - State v. Speight

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Decided 2006-12-15

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PER CURIAM.

¶1Upon reconsideration of this case in light of Washington v. Recuenco,548 U.S. ___, 126 S.Ct. 2546, 165 L.Ed.2d 466 (2006), we reverse the judgment of the Court of Appeals insofar as it held defendant's sentence was imposed in violation of the Sixth Amendment to the United States Constitution, 166 N.C.App. 106, 177-18, 602 S.E.2d 4, 12 (2004), and remand to that court for further proceedings not inconsistent with this Court's decision in State v. Timothy Earl Blackwell, ___ N.C. ___, ___ S.E.2d ___, 2006 WL 3690958 (2006). However, the portion of the Court of Appeals opinion finding no prejudicial error in defendant's convictions as specified in that opinion remains undisturbed.

¶2AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

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