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STATE v. PHILLIPS

No. 48A08.

711 S.E.2d 122 (2011)

365 N.C. 103

STATE of North Carolina v. Mario Lynn PHILLIPS.

Supreme Court of North Carolina.

June 16, 2011.

Attorney(s) appearing for the Case

Roy Cooper, Attorney General, by Robert C. Montgomery, Special Deputy Attorney General, and Charles E. Reece, Assistant Attorney General, for the State.

Staples S. Hughes, Appellate Defender, by Barbara S. Blackman and Anne M. Gomez, Assistant Appellate Defenders, for defendant-appellant.

EDMUNDS, Justice.

In the early morning hours of 19 December 2003, Fayetteville police notified defendant that his brother had been shot. Defendant, who had been drinking heavily in addition to using marijuana and Ecstasy the night before, apparently assumed his brother was dead and continued to consume alcohol and drugs after hearing the news. Later that morning, defendant, his girlfriend Renee McLaughlin (McLaughlin), and his friend Sean Ray (Ray) drove to Moore...

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