State v. Moncree

In State v. Moncree, N.C. App, 655 S.E.2d 464 (2008), our Court held that the trial court erred by admitting expert testimony because the State failed to notify the defendant that it would offer expert testimony to identify the substance found in the defendant's shoe as marijuana. Id. at , 655 S.E.2d at 467-68. However, the Court held that the defendant was not prejudiced, in part, because an officer testified that "'when I had taken it out of the defendant's shoe he had asked me if I would just throw it away and not to charge him with it.'" Id. at , 655 S.E.2d at 468.