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STATE v. AVERY

No. 8814SC1283.

383 S.E.2d 224 (1989)

STATE of North Carolina v. Leonard D. AVERY.

Court of Appeals of North Carolina.

September 19, 1989.

Attorney(s) appearing for the Case

Atty. Gen. Thornburg by Associate Atty. Gen. Debra C. Graves, Raleigh, for the State.

Thomas F. Loflin, III, Durham, for defendant-appellant.

EAGLES, Judge.

Defendant assigns as error the trial court's conclusion that as a matter of law the North Carolina Speedy Trial Act, G.S. 15A-701 et seq. did not apply to re-sentencing delays and that the defendant's constitutional rights were not violated by the delay. We find no prejudicial error.

We note that the Speedy Trial Act, G.S. 15A-701 et seq., created "new rights, supplemental to the speedy...

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