STATE v. MORGAN

No. 8830SC1396.

383 S.E.2d 452 (1989)

STATE of North Carolina v. Douglas Wayne MORGAN.

Court of Appeals of North Carolina.

September 19, 1989.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Associate Atty. Gen. David N. Kirkman, Raleigh, for the State.

Smith & Queen by Frank G. Queen, Waynesville, for defendant-appellant.


LEWIS, Judge.

Defendant contends that he was deprived of effective counsel and the possibility of appellate review because his counsel failed to move to dismiss at the close of the evidence. Appellate Rule 10(b)(3) states that a defendant who fails to so move to dismiss at the close of the evidence may not challenge on appeal the sufficiency of the evidence. In our discretion, we choose to review the sufficiency of the evidence pursuant to Appellate Rule 2.

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