State v. Barrett, 525A82
| Docket Nº | No. 525A82 |
| Citation | 302 S.E.2d 632, 307 N.C. 126 |
| Case Date | November 19, 1982 |
| Court | United States State Supreme Court of North Carolina |
Page 632
v.
Charles Phillip BARRETT.
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.
To continue reading
Request your trial
-
State v. Allen, No. 485PA04
...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, 485PA04.
...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, 676PA82
...17, judgment 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 a......
-
Onslow Wholesale Plumbing & Electrical Supply, Inc. v. Fisher, 35A83
...302 S.E.2d 632 308 N.C. 540 ONSLOW WHOLESALE PLUMBING & ELECTRICAL SUPPLY, INC. v. Leonard FISHER and J. Daniel Fisher. No. 35A83. Supreme Court of North Carolina. May 31, 1983. White, Allen, Hooten, Hodges & Hines, P.A. by John M. Martin, Kinston, for plaintiff-appellant-appellee. Jeffrey ......