Opinion
No. 4P23
03-01-2023
STATE of North Carolina v. Bucky Scott SMITH
William D. Spence, Attorney at Law, Kinston, For Smith, Bucky Scott. Daniel P. O'Brien, Special Deputy Attorney General, For State of North Carolina. Jonathan J. Evans, Assistant Attorney General, For State of North Carolina. Bucky Scott Smith, For Smith, Bucky Scott. Trey Robison, District Attorney, For State of North Carolina.
William D. Spence, Attorney at Law, Kinston, For Smith, Bucky Scott.
Daniel P. O'Brien, Special Deputy Attorney General, For State of North Carolina.
Jonathan J. Evans, Assistant Attorney General, For State of North Carolina.
Bucky Scott Smith, For Smith, Bucky Scott.
Trey Robison, District Attorney, For State of North Carolina.
ORDER
Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Defendant on the 5th of January 2023 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 N.C., 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 1st of March 2023."
The following order has been entered on the motion filed on the 4th of January 2023 by Defendant for Extension of Time to File Notice of Appeal:
"Motion Dismissed as moot by order of the Court in conference, this the 1st of March 2023."
The following order has been entered on the motion filed on the 4th of January 2023 by Defendant for Extension of Time to File Petition for Discretionary Review:
"Motion Dismissed as moot by order of the Court in conference, this the 1st of March 2023."
The following order has been entered on the motion filed on the 4th of January 2023 by Defendant to Proceed In Forma Pauperis:
"Motion Allowed by order of the Court in conference, this the 1st of March 2023."
Upon consideration of the petition filed on the 5th of January 2023 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:
"Denied by order of the Court in conference, this the 1st of March 2023."
The following order has been entered on the motion filed on the 5th of January 2023 by Defendant to Appoint Counsel:
"Motion Dismissed as moot by order of the Court in conference, this the 1st of March 2023."
Dietz, J. recused