STATE v. BEASLEY

No. COA94-814.

455 S.E.2d 880 (1995)

118 N.C. App. 508

STATE of North Carolina v. Albert Norris BEASLEY and Bobby Dee Paige, Defendants.

Court of Appeals of North Carolina.

April 18, 1995.


Attorney(s) appearing for the Case

Atty. Gen. Michael F. Easley by Asst. Atty. Gen. Floyd M. Lewis, for the State.

E.X. de Torres, Newton, for defendant-appellant Beasley.

Robert W. Adams, Hickory, for defendant-appellant Paige.


EAGLES, Judge.

Defendants each bring forward several assignments of error. After careful review of the record and briefs, we find no errors in the trial but remand for a new sentencing hearing for each defendant.

DEFENDANT BEASLEY'S APPEAL

I.

Defendant first contends that the trial court erred in denying defendant's motion to dismiss. In ruling upon a motion to dismiss, the trial court must determine whether, "upon consideration of all...

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