IN THE SUPREME COURT OF NORTH CAROLINA
No. 207PA14
11 June 2015
STATE OF NORTH CAROLINA
v.
CURTIS MARIO BENTON
On discretionary review pursuant to N.C.G.S. § 7A-31 of a unanimous,
unpublished decision of the Court of Appeals, ___ N.C. App. ___, 762 S.E.2d 1 (2014),
reversing an order entered on 25 April 2013 by Judge Ronald E. Spivey, and vacating
a judgment dated 6 May 2013 and entered on 15 May 2013 by Judge David L. Hall,
in Superior Court, Guilford County. Heard in the Supreme Court on 19 March 2015.
Roy Cooper, Attorney General, by Derrick C. Mertz, Assistant Attorney General,
for the State-appellant.
Mark L. Hayes for defendant-appellee.
PER CURIAM.
In State v. Jackson, the Court of Appeals concluded in a divided opinion that
the stop of the defendant in that case, Tiyoun Jimek Jackson, was not supported by
reasonable suspicion. ___ N.C. App. ___, ___, 758 S.E.2d 39, 46 (2014). Based on its
opinion in Jackson, the Court of Appeals concluded that the stop of the defendant in
this companion case, Curtis Mario Benton, was also not supported by reasonable
suspicion. State v. Benton, ___ N.C. App. ___, 762 S.E.2d 1, 2014 WL 2507700, at *1
STATE V. BENTON
Opinion of the Court
(2014) (unpublished). On appeal to this Court, we concluded that the stop of
defendant Jackson was supported by reasonable suspicion, and we therefore reversed
the decision of Court of Appeals. State v. Jackson, ___ N.C. ___, ___, ___ S.E.2d ___,
___ (June 11, 2015) (183A14). Accordingly, the decision of the Court of Appeals in
State v. Benton, ___ N.C. App. ___, 762 S.E.2d 1 (2014) is vacated and remanded to
that court for reconsideration in light of our opinion in State v. Jackson, ___ N.C. ___,
___ S.E.2d ___ (2015).
VACATED AND REMANDED.
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