STATE v. STARKEY

No. COA05-1013.

628 S.E.2d 424 (2006)

STATE of North Carolina v. Michael Anthony STARKEY, Defendant.

Court of Appeals of North Carolina.

April 18, 2006.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Christopher W. Brooks, for the State.

Appellate Defender Staples Hughes, by Assistant Appellate Defender Benjamin Dowling-Sendor, for defendant.


BRYANT, Judge.

The State appeals from an order entered 3 February 2005, granting the trial court's own motion for appropriate relief, vacating Michael Anthony Starkey's (defendant) sentence for having attained the status of an habitual felon and sentencing defendant to a term of eight to ten months imprisonment. For the reasons below we dismiss this appeal and deny the State's Petition for Writ of Certiorari.

Facts and Procedural History

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