STATE v. BROWN

No. COA04-316.

613 S.E.2d 284 (2005)

STATE of North Carolina v. Billy Ray BROWN, Defendant.

Court of Appeals of North Carolina.

June 7, 2005.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Special Deputy Attorney General William P. Hart, for the State.

McCotter, Ashton & Smith, P.A., by Rudolph A. Ashton, III, New Bern, for defendant-appellant.


GEER, Judge.

Defendant Billy Ray Brown appeals from the trial court's denial of his motion for post-conviction DNA testing under N.C. Gen.Stat. § 15A-269 (2003). The State has argued that the appeal must be dismissed because the statute does not provide for appellate review and because review by writ of certiorari is unavailable. We agree and, accordingly, dismiss defendant's appeal.

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