State v. Barrett
Decision Date | 19 November 1982 |
Docket Number | No. 525A82,525A82 |
Court | North Carolina Supreme Court |
Parties | STATE of North Carolina 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.
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State v. Allen
...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......
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State v. Allen
...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......
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