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STATE v. KELLY

No. COA94-1052.

463 S.E.2d 812 (1995)

STATE of North Carolina v. Milton KELLY and Tyrone Gardner.

Court of Appeals of North Carolina.

November 21, 1995.

Attorney(s) appearing for the Case

Attorney General Michael F. Easley by Assistant Attorney General Roy A. Giles, Jr., for State.

Law Offices of George W. Hughes by George W. Hughes and John F. Oakes, Jr., Raleigh, for defendant-appellant Kelly.

Aguirre Law Office by Bridgett Britt Aguirre, Fuguay Varina, for defendant-appellant Gardner.

GREENE, Judge.

Milton Kelly and Tyrone Gardner (defendants) were tried together and convicted of conspiracy to traffic cocaine by possession of 200 grams or more but less than 400 grams, pursuant to N.C.Gen.Stat. § 90-95(h)(3)(b). Defendant Gardner was also tried and convicted of intentionally maintaining a dwelling for the purpose of keeping and/or selling a controlled substance, pursuant to N.C.Gen. Stat. § 90-108(a)(7). Judgments were entered

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