STATE v. RILEY

No. COA09-643.

688 S.E.2d 477 (2010)

STATE of North Carolina v. David Joseph RILEY.

Court of Appeals of North Carolina.

February 2, 2010.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General John G. Barnwell, for the State.

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


STEELMAN, Judge.

While the prosecutor improperly cross-examined defendant about pleading guilty to a lesser charge as part of a plea bargain, defendant failed to show that any error was prejudicial. While a portion of the prosecutor's closing argument was improper, it did not rise to the level of denying defendant a fair trial. Pursuant to N.C. Gen.Stat. § 15A-1351, the maximum period of special probation that could have been imposed was one-fourth of defendant...

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