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STATE v. SPIVEY

No. COA01-458.

563 S.E.2d 12 (2002)

STATE of North Carolina v. Henry Bernard SPIVEY, Jr.

Court of Appeals of North Carolina.

May 7, 2002.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Robert C. Montgomery, for the State.

William L. Davis and Chad Hammonds, Lumberton, for the defendant-appellant.

WYNN, Judge.

The record reveals defendant, Henry Bernard Spivey, Jr., on 3 May 1999, pled guilty to the charge of second-degree murder. He seeks to appeal from the trial court's denial of his motion to dismiss for lack of a speedy trial based on a four and one-half year delay in taking him to trial. We grant certiorari to review his appeal. N.C. Gen.Stat. § 15A-1444(e)(1999).1

Upon review, we find State v. Hammonds,

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