#### STATE v. ROTEN

No. 314P99

Case below: Wilkes County Superior Court N.C. Court of Appeals

Petition by defendant for writ of certiorari to review the order of the Superior Court, Wilkes County, and order of the Court of Appeals allowed 19 August 1999 for the limited purpose of remanding to the trial court to conduct an evidentiary hearing on defendant’s motion for granting a new trial for recanted testimony, and to make appropriate findings of fact and conclusions of law.