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STATE v. SMITH

No. 8316SC1175.

319 S.E.2d 647 (1984)

STATE of North Carolina, v. Alton Gordon SMITH.

Court of Appeals of North Carolina.

September 4, 1984.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. William R. Shenton, Raleigh, for the State.

Appellate Defender Adam Stein by James R. Glover, Raleigh, of the Appellate Defender Clinic of the University of North Carolina School of Law, for defendant.

WELLS, Judge.

Defendant first contends that the trial court erred by denying his motion to consolidate for trial the charges filed against him in Robeson County with the Scotland County charges. N.C.Gen.Stat. § 15A-926 (1975) in pertinent part provides:

(a) Joinder of Offenses.—Two or more offenses may be joined in one pleading or for trial when the offenses ... are based on the same act or transaction...

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