Summary
rejecting the defendant's argument that his double jeopardy argument was preserved under N.C. Gen.Stat. § 15A–1446 (d)
Summary of this case from State v. BaldwinOpinion
No. 466A13.
2013-12-18
STATE of North Carolina v. Alphonso Ellis KIRKWOOD, Larell McDaniel.
Sarah Jessica Farber, for Kirkwood, Alphonso Ellis. Sue Genrich Berry, Wilmington, for McDaniel, Larell.
Sarah Jessica Farber, for Kirkwood, Alphonso Ellis. Sue Genrich Berry, Wilmington, for McDaniel, Larell.
Christina S. Hayes, Associate Attorney General, for State of North Carolina.
Tina Lloyd Hlabse, Special Deputy Attorney General, for State of North Carolina.
Susan I. Doyle, for State of North Carolina.
ORDER
Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Defendant (McDaniel) on the 17th of October 2013 in this matter pursuant to G.S. 7A–30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the State of NC, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is
“Allowed by order of the Court in conference, this the 18th of December 2013.”