STATE v. PETTY

No. 9018SC168.

397 S.E.2d 337 (1990)

100 N.C. App. 465

STATE of North Carolina v. Martin Bernard PETTY.

Court of Appeals of North Carolina.

October 30, 1990.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Newton G. Pritchett, Jr., Raleigh, for the State.

Appellate Defender Malcolm Ray Hunter, Jr. by Asst. Appellate Defender Constance H. Everhart, Raleigh, for defendant-appellant.


JOHNSON, Judge.

We note initially that defendant did not properly preserve for appeal either issue on which he now relies. N.C. Rules of Appellate Procedure 10(b)(1), 10(b)(3). However, the Court may hear appeals in its discretion under Rule 2 of the N.C. Rules of Appellate Procedure and we do so now.

I.

Defendant first contends that his conviction and sentence as a habitual felon violated due process because the State's evidence to support the charge...

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