State v. Oxendine

Court of Appeals of North Carolina

State v. Oxendine

189 S.E.2d 607, 15 N.C. App. 222, 1972 N.C. App. LEXIS 1872

CourtCourt of Appeals of North Carolina

DecidedJune 28, 1972

DocketNo. 7216SC283

StatusPublished

Cited by1 cases

This text of 189 S.E.2d 607 (State v. Oxendine) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Oxendine, 189 S.E.2d 607, 15 N.C. App. 222, 1972 N.C. App. LEXIS 1872 (N.C. Ct. App. 1972).

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Opinion

MORRIS, Judge.

This case was tried on 20 October 1971 and judgment entered on the jury verdict. The record on appeal was not docketed until 8 February 1972, well beyond the time limit provided by our rules. No order extending the time for docketing appears in the record. For failure of appellant to docket the record on appeal within the time allowed by the rules of this Court, this appeal is dismissed. Rule 5, Rules of Practice in the Court of Appeals. Keyes v. Oil Co., 13 N.C. App. 645, 186 S.E. 2d 678 (1972); Phillips v. Wrenn Brothers, 12 N.C. App. 35, 182 S.E. 2d 285 (1971), cert. denied 279 N.C. 619 (1971); State v. Burgess, 11 N.C. App. 430, 181 S.E. 2d 120 (1971), cert. denied 279 N.C. 350 (1971).

[223]*223Nevertheless, we have carefully reviewed the record, and prejudicial error sufficient to warrant a new trial is not shown.

Defendant contends on appeal that even if there is no error in the trial, he should have the benefit of the reduced sentence of six months provided in the Controlled Substances Act, effective January 1972. He relies upon State v. McIntyre, 13 N.C. App. 479, 186 S.E. 2d 207 (1972), rev’d. 281 N.C. 304, 188 S.E. 2d 304 (1972). The Supreme Court, in State v. Harvey, 281 N.C. 1, 20, 187 S.E. 2d 706 (1972), held that “the preexisting law as to prosecution and punishment as set forth in Articles 5 and 5A, Chapter 90 of the General Statutes as written prior to 1 January 1972, remains in full force and effect as to offenses committed prior to 1 January 1972.”

Appeal dismissed.

Judges Vaughn and Graham concur.

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MORRIS, Judge.

This case was tried on 20 October 1971 and judgment entered on the jury verdict. The record on appeal was not docketed until 8 February 1972, well beyond the time limit provided by our rules. No order extending the time for docketing appears in the record. For failure of appellant to docket the record on appeal within the time allowed by the rules of this Court, this appeal is dismissed. Rule 5, Rules of Practice in the Court of Appeals. Keyes v. Oil Co., 13 N.C. App. 645, 186 S.E. 2d 678 (1972); Phillips v. Wrenn Brothers, 12 N.C. App. 35, 182 S.E. 2d 285 (1971), cert. denied 279 N.C. 619 (1971); State v. Burgess, 11 N.C. App. 430, 181 S.E. 2d 120 (1971), cert. denied 279 N.C. 350 (1971).

[223]*223Nevertheless, we have carefully reviewed the record, and prejudicial error sufficient to warrant a new trial is not shown.

Defendant contends on appeal that even if there is no error in the trial, he should have the benefit of the reduced sentence of six months provided in the Controlled Substances Act, effective January 1972. He relies upon State v. McIntyre, 13 N.C. App. 479, 186 S.E. 2d 207 (1972), rev’d. 281 N.C. 304, 188 S.E. 2d 304 (1972). The Supreme Court, in State v. Harvey, 281 N.C. 1, 20, 187 S.E. 2d 706 (1972), held that “the preexisting law as to prosecution and punishment as set forth in Articles 5 and 5A, Chapter 90 of the General Statutes as written prior to 1 January 1972, remains in full force and effect as to offenses committed prior to 1 January 1972.”

Appeal dismissed.

Judges Vaughn and Graham concur.

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Bluebook (online)

189 S.E.2d 607, 15 N.C. App. 222, 1972 N.C. App. LEXIS 1872, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-oxendine-ncctapp-1972.

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