{
  "id": 8526953,
  "name": "STATE OF NORTH CAROLINA v. JACKIE ALLEN BARTLETT",
  "name_abbreviation": "State v. Bartlett",
  "decision_date": "1983-10-04",
  "docket_number": "No. 8225SC1274",
  "first_page": "388",
  "last_page": "389",
  "citations": [
    {
      "type": "official",
      "cite": "64 N.C. App. 388"
    }
  ],
  "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": "258 S.E. 2d 357",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1979,
      "opinion_index": 0
    },
    {
      "cite": "298 N.C. 231",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8569817
      ],
      "year": 1979,
      "opinion_index": 0,
      "case_paths": [
        "/nc/298/0231-01"
      ]
    }
  ],
  "analysis": {
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    "sha256": "ed0da5fb63122026f094bd08c9d556b4549b6876c5954364e5fd992c0fc54b1c",
    "simhash": "1:e3678f2a7349ccb5",
    "word_count": 393
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  "last_updated": "2023-07-14T21:03:16.623003+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Arnold and Eagles concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. JACKIE ALLEN BARTLETT"
    ],
    "opinions": [
      {
        "text": "WELLS, Judge.\nDefendant\u2019s petition for writ of certiorari was allowed on 17 May 1982. The order allowing the petition specified that date as the time from which appeal was considered to be taken. The record in this appeal was filed in the Court of Appeals 200 days later, on 3 December 1982.\nOn 24 August 1982 defendant filed a motion in this Court entitled \u201cRequest for an Extension of Time.\u201d The motion was dismissed without prejudice to file a new motion \u201csetting forth the status of the appeal in greater detail.\u201d Defendant filed no further motion for an extension of time.\nAppellate Rule 12(a) requires the record on appeal to be filed within 150 days of giving notice of appeal, which defendant has failed to do in the present case. Defendant\u2019s failure to perfect his appeal within the time allowed by the Rules of Appellate Procedure requires a dismissal of his appeal. Craver v. Craver, 298 N.C. 231, 258 S.E. 2d 357 (1979). We have reviewed the record and briefs and we are convinced that defendant\u2019s appeal lacks merit and that there is no basis under Appellate Rule 2 upon which we should waive defendant\u2019s violation of Appellate Rule 12.\nAppeal dismissed.\nJudges Arnold and Eagles concur.",
        "type": "majority",
        "author": "WELLS, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Rufus L. Edmisten, by Assistant Attorney General Douglas A. Johnston, for the State.",
      "Simpson, Ay cock, Beyer & Simpson, P.A., by Richard W. Beyer, for defendant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. JACKIE ALLEN BARTLETT\nNo. 8225SC1274\n(Filed 4 October 1983)\nCriminal Law \u00a7 154.2\u2014 failure to file record on appeal within 150 days of giving notice \u2014 dismissal of appeal\nPursuant to App. R. 12(a) defendant\u2019s appeal was dismissed for his failure to file the record on appeal within 150 days of giving notice of appeal.\nOn writ of certiorari to review judgment entered by Lane, Judge. Judgment entered 17 June 1981 in BURKE County Superior Court. Heard in the Court of Appeals 20 September 1983.\nDefendant was found guilty of felonious breaking or entering and felonious larceny. The trial court sentenced him to a five year minimum and five year maximum sentence in prison on the breaking or entering verdict, and arrested judgment on the larceny verdict. Unusual circumstances deprived defendant of a fair chance to give timely notice of appeal, but this court granted a writ of certiorari to review the case.\nAttorney General Rufus L. Edmisten, by Assistant Attorney General Douglas A. Johnston, for the State.\nSimpson, Ay cock, Beyer & Simpson, P.A., by Richard W. Beyer, for defendant."
  },
  "file_name": "0388-01",
  "first_page_order": 420,
  "last_page_order": 421
}