STATE v. WEBB

No. 157PA03.

591 S.E.2d 505 (2004)

358 N.C. 92

STATE of North Carolina v. Dudley WEBB.

Supreme Court of North Carolina.

February 6, 2004.


Attorney(s) appearing for the Case

Roy Cooper, Attorney General, by Norma S. Harrell, Special Deputy Attorney General, for the State-appellant.

Robert Brown, Jr., Public Defender; Heather H. Freeman, Assistant Public Defender; and C. Scott Holmes, Durham, for defendant-appellee.

Seth H. Jaffe, Counsel; and Kurtz & Blum, P.L.L.C., by Howard A. Kurtz and Paula K. McGrann, Raleigh, on behalf of the American Civil Liberties Union of North Carolina Legal Foundation, Inc., amicus curiae.


EDMUNDS, Justice.

On 10 December 2002, an order for the arrest of Dudley Cedrick Webb (defendant) was issued, alleging that he had violated the terms of his probation. Defendant requested and received appointed counsel as an indigent and, pursuant to N.C.G.S. § 7A-455.1, thereupon became obligated to pay a fifty dollar "appointment fee" regardless of the outcome of his criminal proceedings. Defendant filed a motion in Superior Court, Durham County, to declare...

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