STATE v. SMITH

No. COA03-489.

594 S.E.2d 430 (2004)

STATE of North Carolina v. Ray Mitchell SMITH.

Court of Appeals of North Carolina.

April 20, 2004.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Thomas H. Moore, for the State.

Michael E. Casterline, Asheville, for defendant-appellant.


McGEE, Judge.

Ray Mitchell Smith (defendant) was convicted of malicious conduct by a prisoner. Defendant was sentenced to twenty-one to twenty-six months to be served at the expiration of the sentence for which defendant was incarcerated at the time of the offense. Defendant appeals.

The State's evidence at trial tended to show that defendant was in the custody of Mountain View Correctional Facility on 11 April 2002 when correctional officers Nikki Webb (Officer...

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