STATE v. BIVENS

No. COA02-265.

573 S.E.2d 259 (2002)

STATE of North Carolina v. Jermaine Derek BIVENS.

Court of Appeals of North Carolina.

December 31, 2002.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Christopher W. Brooks, for the State.

McCotter, McAfee & Ashton, P.L.L.C., by Rudolph A. Ashton, III, and Kirby H. Smith, III, New Bern, for defendant-appellant.


CAMPBELL, Judge.

Defendant was indicted by the Richmond County Grand Jury on 25 June 2001 for possession with intent to manufacture, sell and deliver cocaine and on 6 August 2001 for habitual felon status. The case was called for trial on 30 October 2001, at which time defendant moved for a continuance to enable him to obtain necessary witnesses. Judge Michael E. Beale ("Judge Beale") inquired and learned that defendant had been free on bond since 25 May 2001, had...

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