State v. Barrett

Decision Date19 November 1982
Docket NumberNo. 525A82,525A82
CourtNorth Carolina Supreme Court
PartiesSTATE of North Carolina v. Charles Phillip BARRETT.
ORDER

DEFENDANT has attempted to appeal to this Court from the denial of his motion for appropriate relief by the Court of Appeals, 58 N.C.App. 515, 293 S.E.2d 896, with Becton, J., dissenting. This he cannot do. N.C.Gen.Stat. § 15A-1422(f) (Cum.Supp.1981). Defendant's motion is based upon N.C.G.S. § 15A-1415(b)(2) (Cum.Supp.1981). Nevertheless, the record on appeal before us discloses that defendant was convicted of crime against nature, which is not a lesser included offense of a sexual offense in the first degree. N.C.Gen.Stat. § 14-27.4 (1981). Therefore, we arrest judgment. The appeal is dismissed and the case is remanded to the Court of Appeals with direction that it further remand the case to the Superior Court of FORSYTH County for the entry of this order arresting judgment.

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4 cases
  • State v. Allen
    • United States
    • North Carolina Supreme Court
    • July 1, 2005
    ...of Court of Appeals' decisions on most motions for appropriate relief from noncapital judgments and convictions. See State v. Barrett, 307 N.C. 126, 302 S.E.2d 632 (1982) (dismissing the defendant's appeal of the Court of Appeals decision denying his motion for appropriate relief). This res......
  • State v. Allen
    • United States
    • North Carolina Supreme Court
    • July 1, 2005
    ...of Court of Appeals' decisions on most motions for appropriate relief from noncapital judgments and convictions. See State v. Barrett, 307 N.C. 126, 302 S.E.2d 632 (1982) (dismissing the defendant's appeal of the Court of Appeals decision denying his motion for appropriate relief). This res......
  • State v. Warren
    • United States
    • North Carolina Supreme Court
    • September 7, 1983
    ...arrested, 307 N.C. 128, 297 S.E.2d 404 (1982). In State v. Barrett, 58 N.C.App. 515, 293 S.E.2d 896, judgment arrested, 307 N.C. 126, 302 S.E.2d 632 (1982), a case also involving the sexual act of fellatio, we foreclosed the issue whether crime against nature can be submitted as a lesser in......
  • Onslow Wholesale Plumbing & Electrical Supply, Inc. v. Fisher, 35A83
    • United States
    • North Carolina Supreme Court
    • May 31, 1983

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