STATE v. SMITH

No. COA03-758.

598 S.E.2d 408 (2004)

STATE of North Carolina v. Preston SMITH.

Court of Appeals of North Carolina.

July 6, 2004.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Kathleen U. Baldwin, for the State.

Appellate Defender Staples S. Hughes, by Assistant Appellate Defender Barbara S. Blackman, for defendant appellant.


McCULLOUGH, Judge.

On 6 December 2000, defendant Preston Smith was found guilty of assault on a female in Buncombe County District Court. Defendant's sentence of ninety days in prison was suspended, and defendant was placed on supervised probation for twelve months. Defendant appealed to superior court and was later allowed to withdraw the appeal. The case was remanded to district court for immediate execution of the judgment.

On 24 January 2002, defendant...

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