STATE v. McILWAINE

No. COA04-165.

610 S.E.2d 399 (2005)

STATE of North Carolina v. Stephen McILWAINE.

Court of Appeals of North Carolina.

April 5, 2005.


Attorney(s) appearing for the Case

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

Attorney James N. Freeman, Jr., Elkin, for defendant-appellant.


BRYANT, Judge.

Stephen McIlwaine (defendant) appeals a judgment filed 12 August 2003 sentencing him to 107 to 138 months imprisonment for felonious failure to appear enhanced by habitual felon status.

On 19 February 2003, defendant, after appearing for trial on charges including felony possession with intent to sell or deliver cocaine, left the courtroom after a pretrial motion was denied and never returned. The...

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