State v. Anderson

379 N.C. 667

865 S.E.2d 847 (Mem)

STATE of North Carolina

v.Darrell Tristan ANDERSON

No. 23A21

Supreme Court of North Carolina.

December 14, 2021

Amanda S. Hitchcock, Assistant Appellate Defender, For Anderson, Darrell Tristan.

Glenn Gerding, Appellate Defender, For Anderson, Darrell Tristan.

Kimberly N. Callahan, Assistant Attorney General, For State of North Carolina.

Garry W. Frank, District Attorney, For State of North Carolina.

ORDER

This matter is before this Court on defendant's appeal from a divided panel of the Court of Appeals. The Court of Appeals unanimously held in State v. Anderson , 275 N.C. App. 689, 853 S.E.2d 797 (2020), that a resentencing hearing was required because of the trial court's determination that it lacked the discretion to impose concurrent sentences for defendant's two convictions of first-degree murder. Until the trial court holds a resentencing hearing, defendant's appeal is not ripe for resolution. This Court, ex mero motu , dismisses the current appeal and remands the matter to the Court of Appeals for further remand to the trial court for a...