STATE v. GARNER

No. 8311SC998.

313 S.E.2d 927 (1984)

STATE of North Carolina v. Henry Matthews GARNER, Jr.

Court of Appeals of North Carolina.

April 17, 1984.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Nonnie F. Midgette, Asst. Atty. Gen., Raleigh, for the State.

F. Jefferson Ward, Jr., Sanford, for defendant-appellant.


VAUGHN, Chief Judge.

The record shows that on 24 October 1977, defendant entered a plea of "no contest" to armed robbery and was thereby sentenced to forty years in state prison. When, pursuant to G.S. 15A-1415, defendant made a motion for appropriate relief on 17 November 1982, his right to appeal the armed robbery conviction had expired. The record discloses no appeal pending on 19 May 1983, when the trial court denied defendant's motion.

The provisions...

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