STATE v. NEVILLE

No. 9115SC828.

423 S.E.2d 496 (1992)

108 N.C. App. 330

STATE of North Carolina v. Bobby Porter NEVILLE.

Court of Appeals of North Carolina.

December 15, 1992.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Philip A. Lehman, Raleigh, for the State.

Malcolm Ray Hunter, Jr., Appellate Defender, Raleigh, for defendant-appellant.


WALKER, Judge.

On appeal defendant argues: (1) his guilty plea to uttering is a nullity because he never formally waived his right to a Bill of Indictment, and he was never indicted for uttering; and (2) the sentencing court erred in failing to find as a mitigating factor that the relationship between defendant and victim was an extenuating circumstance.

I.

Defendant pled guilty to uttering a forged instrument pursuant to a plea agreement and a Bill...

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