STATE v. McINTYRE

No. 7729SC233.

235 S.E.2d 920 (1977)

STATE of North Carolina v. Carolyn S. McINTYRE.

Court of Appeals of North Carolina.

July 6, 1977.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Patricia B. Hodulik, Raleigh, for the State.

Bennett, Kelly & Cagle, P. A., by E. Glenn Kelly, Asheville, for petitioner, John R. Hudson, Jr.


PARKER, Judge.

The initial question presented in whether the Clerk of Superior Court had jurisdiction to enter the order directing disbursement of the restitution funds which the defendant in this criminal proceeding had paid into court as result of a plea bargain. We hold that the Clerk did not have such jurisdiction.

Art. IV, § 12(3), of the Constitution of North Carolina contains the following:

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