State v. Cannon
This text of State v. Cannon (State v. Cannon) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE SUPREME COURT OF NORTH CAROLINA
No. 276A17
Filed 2 March 2018
STATE OF NORTH CAROLINA
v. GARY WILLIAM CANNON
Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of
the Court of Appeals, ___ N.C. App. ___, 804 S.E.2d 199 (2017), affirming in part and
vacating in part a judgment entered on 13 May 2016 by Judge Daniel A. Kuehnert in
Superior Court, Lincoln County, and remanding for a new sentencing hearing. Heard
in the Supreme Court on 6 February 2018.
Joshua H. Stein, Attorney General, by Thomas J. Campbell, Special Deputy Attorney General, for the State.
William D. Spence for defendant-appellant.
PER CURIAM.
The decision of the Court of Appeals is affirmed. However, we specifically
disavow that court’s taking of judicial notice of the prevalence of Wal-Mart stores in
Gastonia and in the area between Gastonia and Denver, as well as of the “ubiquitous
nature of Wal-Mart stores.” State v. Cannon, ___ N.C. App. ___, ___, 804 S.E.2d 199,
202 (2017). STATE V. CANNON
Opinion of the Court
AFFIRMED.
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