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FRIEND v. STATE

No. COA04-570.

609 S.E.2d 473 (2005)

Donald Claude FRIEND, Plaintiff, v. STATE of North Carolina, Defendant.

Court of Appeals of North Carolina.

March 15, 2005.

Attorney(s) appearing for the Case

Theodore M. Molitoris, Winston-Salem, for plaintiff-appellee.

Attorney General Roy Cooper, by Assistant Attorney General Lorrin Freeman and Assistant Attorney General Ashby Ray, for the State.

TIMMONS-GOODSON, Judge.

The State of North Carolina ("the State") appeals the entry of summary judgment in favor of Donald Claude Friend ("plaintiff") in a declaratory judgment action. Because plaintiff was a convicted felon for the purposes of N.C. Gen.Stat. § 14-404, we reverse.

The facts and procedural history pertinent to the instant appeal are as follows: In 1980, plaintiff was charged in Forsyth County...

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