State v. Gibbs
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The Supreme Court vacated the opinion of the court of appeals reversing Defendant's conviction of drug-related charges arising out of an incident that occurred when law enforcement officers observed Defendant moving in between buildings of a housing community and eventually found a white, powdery substance in his backpack, holding that remand was required.
The court of appeals reversed Defendant's conviction for trafficking by possession of an opiate on the grounds that the trial court erroneously ruled that the State's expert was qualified to testify that fentanyl is an opiate. At issue was the impact of State v. Garrett, 2021-NCCOA-214, on this case. The Supreme Court vacated the court of appeals, holding that the trial court erred in concluding that whether fentanyl is an opiate is a question of fact, requiring remand.
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