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STATE v. PEVIA

No. 8116SC903.

289 S.E.2d 135 (1982)

STATE of North Carolina v. Tammy PEVIA.

Court of Appeals of North Carolina.

March 16, 1982.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Richard L. Kucharski, Raleigh, for the State.

Rogers & Bodenheimer by Hubert N. Rogers III, Lumberton, for defendant-appellant.

VAUGHN, Judge.

Defendant brings forward three assignments of error. None of them discloses prejudicial error.

Defendant first argues that the judge erred in failing to dismiss the charge of sale or delivery of marijuana.

G.S. 90-95(a)(1) states that it is unlawful for any person "[t]o manufacture, sell or deliver, or possess with intent to manufacture, sell or deliver, a controlled substance." G.S. 90-95(b) provides:

"(b) Except as provided...

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