STATE v. LOCKHART

No. COA06-174.

639 S.E.2d 5 (2007)

STATE of North Carolina v. Henry Scott LOCKHART, Defendant.

Court of Appeals of North Carolina.

January 2, 2007.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Elizabeth F. Parsons, for the State.

David Childers, Mount Holly, for defendant-appellant.


GEER, Judge.

Defendant Henry Scott Lockhart appeals from his convictions for felonious escape and having achieved the status of habitual felon. On appeal, defendant primarily argues that the indictment improperly charged him with felony escape under N.C. Gen.Stat. § 148-45(b) (2005) rather than escape of a work-release prisoner under N.C. Gen.Stat. § 148-45(g), and, therefore, that there was a fatal variance between the indictment and the evidence presented...

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