{
  "id": 8552308,
  "name": "STATE OF NORTH CAROLINA v. CAREY JOHNSON, JR.",
  "name_abbreviation": "State v. Johnson",
  "decision_date": "1978-09-19",
  "docket_number": "No. 7818SC317",
  "first_page": "111",
  "last_page": "113",
  "citations": [
    {
      "type": "official",
      "cite": "38 N.C. App. 111"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "229 S.E. 2d 836",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1976,
      "opinion_index": 0
    },
    {
      "cite": "31 N.C. App. 522",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8550666
      ],
      "year": 1976,
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/31/0522-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 255,
    "char_count": 3975,
    "ocr_confidence": 0.816,
    "pagerank": {
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      "percentile": 0.603358535574854
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    "sha256": "ceb3486749b596607859f8f5dd0caffc9fe949b1d580f03a4d7d287ccee914e7",
    "simhash": "1:0fed72387ae5d857",
    "word_count": 692
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  "last_updated": "2023-07-14T21:32:33.594298+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Hedrick and Arnold concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. CAREY JOHNSON, JR."
    ],
    "opinions": [
      {
        "text": "BROCK, Chief Judge.\nOn 9 June 1977, the day defendant gave notice of appeal, the trial judge allowed defendant 60 days to serve his proposed record on appeal.\nOn 2 August 1977 Judge Browning allowed defendant additional time until 28 September 1977 to serve his proposed record on appeal.\nOn 25 October 1977 Judge Seay allowed defendant additional time until 14 November 1977 to serve his proposed record on appeal. Judge Seay\u2019s Order also allowed the State until 24 November 1977 to serve objections, amendments, or proposed alternative record on appeal.\nOn 31 October 1977, based upon Judge Seay\u2019s 25 October 1977 Order, defendant filed in this Court a motion for an extension of time beyond 150 days after giving notice of appeal within which to file the record on appeal in this Court.\nBy Order entered in this Court on 11 November 1977 this Court extended the time within which defendant should file the record on appeal in this Court upon the following terms: \u201cUpon service of a proposed record on appeal and service of objections or proposed alternative record on appeal within the time limits set by the trial court extension order of 25 October 1977, the record shall be settled within the relevant time limit set by App. R. 11(c) and certified within the time limit set by App. R. 11(e). The record may then be filed within ten days thereafter, as required by App. R. 12(a), even though such filing might be more than 150 days after notice of appeal was given.\u201d\nThis Court\u2019s Order required defendant to serve his proposed record on appeal on or before 14 November 1977 in accordance with the trial court extension order. This the defendant did not do. He did not serve his proposed record on appeal until 31 March 1978.\nThe compliance with this Court\u2019s extension order required defendant to serve, settle, have certified, and file in this Court the record on appeal on or about 9 January 1978. This the defendant did not do. He did not file the record on appeal in this Court until 5 April 1978.\nThe time schedules set out in the rules, and such extension orders as may be entered, are designed to keep the process of perfecting an appeal to the appellate division flowing in an orderly manner. \u201cCounsel is not permitted to decide upon his own enterprise how long he will wait to take his next step in the appellate process.\u201d Ledwell v. County of Randolph, 31 N.C. App. 522, 229 S.E. 2d 836 (1976).\nThe North Carolina Rules of Appellate Procedure are mandatory. \u201cThese rules govern procedure in all appeals from the courts of the trial divisions to the courts of the appellate division; _\u201d App. R. 1(a).\nAppeal dismissed.\nJudges Hedrick and Arnold concur.",
        "type": "majority",
        "author": "BROCK, Chief Judge."
      }
    ],
    "attorneys": [
      "Attorney General Edmisten, by Special Deputy Attorney General W. A. Raney, Jr., for the State.",
      "Assistant Public Defender, Frederick G. Lind, for the defendant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. CAREY JOHNSON, JR.\nNo. 7818SC317\n(Filed 19 September 1978)\nCriminal Law \u00a7 155.1\u2014 failure to serve and docket record within extended times\nA criminal appeals dismissed for failure of appellant to serve and docket his record on appeal within the extended times permitted by an order of the Court of Appeals.\nAPPEAL by defendant from Kivett, Judge. Judgment entered 9 June 1977 in Superior Court, GUILFORD County. Heard in the Court of Appeals 21 August 1978.\nDefendant was charged in a bill of indictment, proper in form, with the felony of armed robbery of Spradley Supermarket, Inc., Flash Market #9. At trial he was identified by the two employees of Flash Market #9, one of whom had seen defendant on several occasions before the time of the robbery. Although defendant\u2019s defense was that he was ill and in the bed at the time of the robbery, the State\u2019s evidence was clearly sufficient to require that the case be submitted to the jury and to support the jury\u2019s verdict of guilty as charged. Judgment of imprisonment for a period of not less than 16 nor more than 22 years was entered. Defendant gave notice of appeal.\nAttorney General Edmisten, by Special Deputy Attorney General W. A. Raney, Jr., for the State.\nAssistant Public Defender, Frederick G. Lind, for the defendant."
  },
  "file_name": "0111-01",
  "first_page_order": 139,
  "last_page_order": 141
}