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STATE v. CLEARY

No. COA10-1324.

712 S.E.2d 722 (2011)

STATE of North Carolina v. Daniel Wayne CLEARY.

Court of Appeals of North Carolina.

July 5, 2011.

Attorney(s) appearing for the Case

Roy Cooper , Attorney General, by Kathleen N. Bolton , Assistant Attorney General, for the State.

Edward Eldred , Attorney at Law, PLLC, by Edward Eldred , for Defendant.

THIGPEN, Judge.

The trial court rejected the transcript of plea of Daniel Wayne Cleary ("Defendant"), which had been signed by the prosecutor, the defense counsel, and Defendant. After rejecting the plea, the trial court then denied Defendant's motion to continue the probationary matters. We must determine whether Defendant had the right to a continuance of the probationary matters pursuant to N.C. Gen.Stat. § 15A-1023(b) (2009). We conclude he did not and the...

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