STATE v. SWANN

No. COA08-1195.

676 S.E.2d 654 (2009)

STATE of North Carolina v. Derrick Raheem SWANN.

Court of Appeals of North Carolina.

May 19, 2009.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General William B. Crumpler, for the State.

Leslie C. Rawls, Charlotte, for defendant-appellant.


STEELMAN, Judge.

The trial court's denial of defendant's motion to suppress DNA evidence is affirmed on three separate bases. First, the record before us does not contain an order for the expunction of DNA evidence collected in a prior criminal proceeding as asserted by defendant. Second, the statutory prerequisites to expunction are not present in the instant case as defendant's previous criminal charges were neither dismissed by the trial court, nor did an appellate...

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