#### STATE OF NORTH CAROLINA v. ALBERT R. DICKEY

No. 8415SC150

(Filed 6 November 1984)

Criminal Law § 148.1— presumptive sentence — no appeal as of right

The Fair Sentencing Act does not allow an appeal of a presumptive sentence as of right. G.S. 15A-1444(al).

Appeal by defendant from Lane, Judge. Judgment entered 6 May 1983 in Superior Court, Alamance County. Heard in the Court of Appeals 16 October 1984.

Attorney General Rufus L. Edmisten, by Assistant Attorney General Kaye R. Webb, for the State.

Van Camp, Gill & Grumpier, by James R. Van Camp, for the defendant appellant.

ARNOLD, Judge.

The defendant appeals the imposition of a presumptive sentence pursuant to the Fair Sentencing Act. The Act does not allow appeal of a presumptive sentence as of right. See G.S. 15A-1444(al). The defendant’s petition for writ of certiorari is denied and his appeal is dismissed.

Dismissed.

Judges Wells and Hill concur.