State v. Leonard

Decision Date09 March 1988
Docket NumberNo. 620P87,620P87
Citation321 N.C. 746,366 S.E.2d 867
PartiesSTATE of North Carolina v. Charles LEONARD.
CourtNorth Carolina Supreme Court

Barnes, Grimes & Bunce, Lexington, for defendant.

John H. Watters, Asst. Atty. Gen., Raleigh, for the State.

ORDER

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Defendant in this matter pursuant to G.S. § 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the The State; and upon consideration of the petition for discretionary review of the decision of the North Carolina Court of Appeals, filed by Defendant pursuant to G.S. § 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is

"Allowed by order of the Court in conference, this the 9th day of March 1988."

The Petition for Discretionary Review is:

"Denied by order of the Court in conference, this the 9th day of March 1988."

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13 cases
  • Steinkrause v. Tatum
    • United States
    • North Carolina Court of Appeals
    • December 8, 2009
    ... ... 728, 732-33, 515 S.E.2d 452, 455 (1999). We review whether the trial court's Findings of Fact support its conclusions of law de novo. State v. Campbell, 188 N.C.App. 701, 704, 656 S.E.2d 721, 724 (2008) ...         Petitioner argues on appeal that the trial court erred by (I) ... Id.; see also State v. Leonard, 87 N.C.App. 448, 454, 361 S.E.2d 397, 400 (1987) ("The direct personal observation by the officer/affiant or his fellow officers is plainly a ... ...
  • State v. Tejeda-Rivera, No. COA08-283 (N.C. App. 10/21/2008)
    • United States
    • North Carolina Court of Appeals
    • October 21, 2008
    ... ... 693, 697, 386 S.E.2d 187, 190 (1989). "A defendant's presence on the premises and in close proximity to a controlled substance is a circumstance which may support an inference of constructive possession." State v. Alston, 91 N.C. App. 707, 710, 373 S.E.2d 306, 309 (1988) (citing State v. Leonard, 87 N.C. App. 448, 456, 361 S.E.2d 397, 402 (1987),disc. rev. denied and appeal dismissed, 321 N.C. 746, 366 S.E.2d 867(1988). See also State v. Rich, 87 N.C. App. 380, 383, 361 S.E.2d 321, 323 (1987)) ...         In the case sub judice, the State presented evidence that defendant was ... ...
  • State v. Morocco
    • United States
    • North Carolina Court of Appeals
    • July 17, 1990
    ... ... See State v. Belk, 268 N.C. 320, 150 S.E.2d 481 (1966) (consent search of part of automobile beyond officer's vision reasonably included contents of paper bag between passenger's legs); see also State v. Leonard, 87 N.C.App. 448, 453, 361 S.E.2d 397, 400, appeal dismissed, rev. denied, 321 N.C. 746, 366 S.E.2d 867 (1988); LaFave & Israel, Criminal Procedure § 3.10 (1984) ...         Defendant also contends that he withdrew his consent for Lowry to search the tote bag by telling him the bag ... ...
  • State v. Tate
    • United States
    • North Carolina Court of Appeals
    • January 21, 1992
    ... ... However, the State is not required to establish that a defendant owned or leased the premises on which contraband is found in order to prove control of such premises by defendant. State v. Leonard, 87 N.C.App. 448, 456, 361 S.E.2d 397, 402 (1987), disc. rev. denied, 321 N.C. 746, 366 S.E.2d 867 (1988). Where there is no evidence of ownership, defendant's exclusive control of the premises on which controlled substances are found supports an inference of defendant's constructive possession of ... ...
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