State v. Prince
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Opinion
IN THE SUPREME COURT OF NORTH CAROLINA
2021-NCSC-40
No. 225A20
Filed 16 April 2021
STATE OF NORTH CAROLINA
v. ROBERT PRINCE
Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of
the Court of Appeals, 843 S.E.2d 700 (N.C. Ct. App. 2020), vacating a judgment
entered on 10 July 2018 by Judge Nathaniel J. Poovey in Superior Court, Gates
County, and remanding for resentencing. Heard in the Supreme Court on 24 March
2021.
Joshua H. Stein, Attorney General, by Terence Steed, Special Deputy Attorney General, for the State-appellant.
Glenn Gerding, Appellate Defender, by Emily Holmes Davis, Assistant Appellate Defender, for defendant-appellee.
PER CURIAM.
¶1 Justice BERGER did not participate in the consideration or decision of this
case. As to the appeal of right based on the dissenting opinion, the remaining
members of the Court are equally divided, with three members voting to affirm and
three members voting to reverse the decision of the Court of Appeals. Accordingly,
the decision of the Court of Appeals is left undisturbed and stands without STATE V. PRINCE
Opinion of the Court
precedential value. See, e.g., Amward Homes, Inc. v. Town of Cary, 365 N.C. 305, 716
S.E.2d 849 (2011); State v. Pastuer, 365 N.C. 287, 715 S.E.2d 850 (2011).
AFFIRMED.
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