Opinion
No. COA15–607.
12-15-2015
STATE of North Carolina v. Clyde Gary WHISENANT, Defendant.
Attorney General Roy Cooper, by Assistant Attorney General Sherri Horner Lawrence, for the State. Appellate Defender Staples Hughes and Assistant Appellate Defender Katherine Jane Allen, for defendant.
Attorney General Roy Cooper, by Assistant Attorney General Sherri Horner Lawrence, for the State.
Appellate Defender Staples Hughes and Assistant Appellate Defender Katherine Jane Allen, for defendant.
Opinion
Appeal by defendant from judgment entered 26 August 2011 by Judge John O. Craig III in Catawba County Superior Court. Heard in the Court of Appeals 5 November 2015. Catawba County, No. 09 CRS 056222.
Panel consisting of Judges McCULLOUGH, DIETZ, and TYSON.
PER CURIAM.
Defendant Clyde Gary Whisenant's conviction for first-degree statutory rape is vacated. See State v. Miller, 159 N.C.App. 608, 583 S.E.2d 620, aff'd, 358 N.C. 133, 591 S.E.2d 520 (2004). The case is remanded for resentencing on the remaining conviction.
VACATED IN PART AND REMANDED.
Report per Rule 30(e).