State v. Byrd

Full title: STATE of North Carolina v. Harvey Paul BYRD, Jr. and Ronald Wayne Summers.

Court: Supreme Court of North Carolina

Date published: Feb 3, 1988

365 S.E.2d 295 (N.C. 1988)

Opinion

365 S.E.2d 295 (N.C. 1988) STATE of North Carolina v. Harvey Paul BYRD, Jr. and Ronald Wayne Summers. No. 649P87. Supreme Court of North Carolina. February 3, 1988

       ORDER

       The petition is allowed for the limited purpose of entering the following order:

       In view of the position taken by the State in its response to defendant's petition for writ of certiorari, the ex mero motu dismissal of defendant's appeal by the Court of Appeals is vacated. The case is remanded to the Court of Appeals with instructions to treat defendant's brief as timely filed as of 11 December 1987 and to consider defendant's appeal on its merits.