ARROWOOD, Judge.
This case comes before us on remand from the North Carolina Supreme Court to reconsider our decision in light of its holding in State v. Brice , --- N.C. ----, --- S.E.2d ---- (3 November 2017), which reversed this Courts decision in State v. Brice, --- N.C. App. ----, 786 S.E.2d 812 (2016). In this Courts previous decision, we stated [w]e hold that the circumstances of defendants case are identical to those found in Brice . Battle , --- N.C. App. at ----, --- S.E.2d at ----. Given this determination, and in reliance on the Courts previous holding in Brice , we vacated defendants conviction for habitual misdemeanor assault and remanded for entry of judgment and sentence for simple assault. Id . at ----, --- S.E.2d at ----.
In its 3 November 2017 opinion in Brice , the North Carolina Supreme Court reversed the Court of Appeals opinion in Brice and reinstated the defendants previous judgment for felonious habitual misdemeanor larceny. Upon reconsideration in light of this holding, we reverse our 16 December 2016 holding in the instant case with respect to misdemeanor assault and find no error in the trial courts previous judgment.
NO ERROR
Report per Rule 30(e).
Judges HUNTER, JR. and DIETZ concur.