Opinion
NO. 134A20
08-27-2021
STATE of North Carolina v. Robert Lee HODGE
Aaron Thomas Johnson, Assistant Appellate Defender, For Hodge, Robert Lee. Kellie Dorise Mannette, Attorney, Chapel Hill, For Hodge, Robert Lee. Glenn Gerding, Appellate Defender, For Hodge, Robert Lee. Joseph L. Hyde, Assistant Attorney General, For State of North Carolina. N. Lorrin Freeman, District Attorney, For State of North Carolina.
Aaron Thomas Johnson, Assistant Appellate Defender, For Hodge, Robert Lee.
Kellie Dorise Mannette, Attorney, Chapel Hill, For Hodge, Robert Lee.
Glenn Gerding, Appellate Defender, For Hodge, Robert Lee.
Joseph L. Hyde, Assistant Attorney General, For State of North Carolina.
N. Lorrin Freeman, District Attorney, For State of North Carolina.
ORDER
In light of the additional findings of fact which were filed on 4 August 2021 by the Superior Court, Wake County in the above-captioned case in timely response to the questions tendered to the trial court in an order of this Court issued on 5 May 2021, wherein the trial court determined that:
1) Yes, there was a true bill for habitual felon indictment dated 7 November 2017;
2) Yes, pursuant to N.C.G.S. § 15A-628(c), the true bill was returned by the foreman of the grand jury to the presiding judge in open court;
3) Yes, pursuant to N.C.G.S. § 15A-628(d), the clerk did keep a permanent record of the true bill along with all matters returned by the grand jury to the judge; and
4) Yes, defendant was properly served with the true bill, the Court concludes that the record in this case has been duly supplemented by these additional findings of fact, and therefore remands this case to the Court of Appeals for the limited purpose of reevaluating the opinion of the Court of Appeals in this case in light of the additional findings of fact which were not available for consideration by the Court of Appeals at the time of the issuance of its opinion. Consequently, it is further ordered that defendant-appellant's Motion for Supplemental Briefing filed in this Court on 11 August 2021 is deemed to be moot.
By order of the Court in Conference, this the 27th day of August, 2021.