State v. Bice, ___ N.C. App. ___, 821 S.E.2d 259 (Oct. 2, 2018)

The court declined to address the defendant’s claim that he received ineffective assistance of counsel when his lawyer failed to object to and agreed to the admission of a hearsay statement and failed to request a jury instruction on the ultimate user exception to the Control Substances Act. The court noted that the record was insufficient to determine whether trial counsel was ineffective or whether there was a reasonable, strategic reason for counsel’s actions, and dismissed the claim without prejudice to the defendant’s right to assert it in a motion for appropriate relief.