State v. Williamson, 365 N.C. 326 (Dec. 9, 2011)

The court vacated and remanded an opinion by the court of appeals in State v. Williamson, 206 N.C. App. 599 (Sept. 7, 2010) (over a dissent, the court rejected the defendant’s argument that the trial court erred by failing to enter a written order with findings of fact and conclusions of law when denying the defendant’s MAR; the trial court’s oral order, containing findings of fact and conclusions of law and appearing in the transcript, was sufficient). The court noted that during review it became apparent that a written order actually was entered by the trial court, the existence of which apparently was not known to appellate counsel. The court remanded to the court of appeals to determine: (1) whether to amend the record on appeal to permit consideration of the order; (2) whether to order new briefs and/or oral arguments in light of its ruling on item (1) above; (3) whether to address defendant’s issues on the merits; and (4) whether to enter any other or further relief as it may deem appropriate.