State v. Howard, 367 N.C. 320, 754 S.E.2d 417 (Mar. 7, 2014)

The court affirmed per curiam the decision below in State v. Howard, 228 N.C. App. 103 (June 18, 2013) (over a dissent, the court dismissed the defendant’s appeal where the defendant objected to the challenged evidence at trial under Rule 403 but on appeal argued that it was improper under Rule 404(b); the court stated: “A defendant cannot ‘swap horses between courts in order to get a better mount’“; the dissenting judge believed that the defendant preserved his argument and that the evidence was improperly admitted).