State v. Baldwin 310 N.C. 623

STATE OF NORTH CAROLINA v. ROY CECIL BALDWIN

No. 26A84

(Filed 3 April 1984)

JUDGMENT against the defendant was entered by Mills, J., at the 21 September 1982 Criminal Session of Superior Court, Wilkes County. Upon appeal to the Court of Appeals of North Carolina, the case was remanded to the Superior Court for a new sentencing hearing. The opinion of the Court of Appeals by Judge Becton, with Judge Eagles concurring and Judge Hedrick dissenting, is reported in 66 N.C. App. 156, 310 S.E. 2d 780 (1984). From this decision, the State of North Carolina appealed to this Court pursuant to N.C.G.S. 7A-30(2).

Rufus L. Edmisten, Attorney General, by Walter M. Smith and G. Criston Windham, Assistant Attorneys General, for the State.

William C. Gray, Jr., for defendant.