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STATE v. HAMRICK

No. 9127DC917.

428 S.E.2d 830 (1993)

110 N.C. App. 60

STATE of North Carolina, v. Lawrence Edward HAMRICK, Jr.

Court of Appeals of North Carolina.

May 4, 1993.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Sp. Deputy Atty. Gen. Isaac T. Avery, III, Raleigh, for the State.

Herbert L. Hyde, Asheville, for defendant appellant.

COZORT, Judge.

This case presents two issues for our determination: (1) Does the superior court have the authority, upon a petition for writ of certiorari filed by the State, to reinstate a charge of misdemeanor death by vehicle which had been dismissed by the district court on double jeopardy grounds; and (2) Does a plea of "responsible" to the infraction of driving left of center prohibit, on double jeopardy grounds, prosecution of the defendant for misdemeanor...

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