Court of Appeals of North Carolina March 6, 2007, COA06-170 (State v. Sparks)

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United States · · · 06-03-2007

TYSON, Judge,

dissenting.

The State failed to assign error to the trial court’s findings of fact and those findings are binding upon appeal. The trial court’s order should be affirmed. The majority’s opinion erroneously reverses the trial court’s order granting defendant’s motion to dismiss. I respectfully dissent.

I.

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