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STATE v. BALLARD

No. 488A97.

507 S.E.2d 38 (1998)

349 N.C. 286

STATE of North Carolina v. Jerry Lee BALLARD.

Supreme Court of North Carolina.

November 6, 1998.

Attorney(s) appearing for the Case

Michael F. Easley, Attorney General by Reuben F. Young, Assistant Attorney General, for the State.

Belser & Parke, P.A. by David G. Belser, Asheville, for defendant-appellant.

PER CURIAM.

For the reasons stated in the dissenting opinion for the Court of Appeals by Martin (John C.), J., the decision of the Court of Appeals is reversed. We conclude that defendant's petition for discretionary review as to additional issues was improvidently allowed.

REVERSED IN PART; DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED IN PART.

Justice WYNN did not participate in the consideration or decision...

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