STATE v. CHERY

No. COA09-515.

691 S.E.2d 40 (2010)

STATE of North Carolina v. Richard CHERY.

Court of Appeals of North Carolina.

April 6, 2010.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Special Deputy Attorney General Mabel Y. Bullock, for the State.

Mary McCullers Reece, Smithfield, for defendant-appellant.


STEELMAN, Judge.

Where defendant has failed to show that any of the factors he asserted under Handy support his contention that a fair and just reason existed for the withdrawal of his plea, and our independent review of the record in this case reveals that the reason for defendant's motion was that his co-defendant was found not guilty of all charges, the trial court did not err by denying defendant's motion to withdraw his plea.

I. Factual and...

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