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STATE v. UVALLE

No. COA01-531.

565 S.E.2d 727 (2002)

STATE of North Carolina v. Jose Eugenio UVALLE, Sr., Defendant.

Court of Appeals of North Carolina.

July 16, 2002.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Dorothy Powers, for the State.

John Calvin Chandler, Shallotte, for defendant-appellant.

HUDSON, Judge.

Defendant was convicted by a jury of felonious assault with a deadly weapon inflicting serious injury and sentenced to a minimum term of twenty-five months and a maximum term of thirty-nine months. Defendant appeals.

We begin with a brief summary of pertinent facts. The State presented evidence to show that on the evening of 30 March 2000, defendant was involved in an altercation with his wife, Norma Uvalle. Ms. Uvalle testified

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