MARTIN, Judge.
On 28 March 1996, defendant was convicted of second degree murder in connection with the death of Carolyn Ruth Clarida on 10 July 1995. He gave notice of appeal from the judgment entered upon his conviction but his right to appeal was lost by the failure of his then counsel to timely perfect the appeal. We allowed his petition for writ of certiorari pursuant to N.C.R.App. P. 21 by order dated 25 August 1998 and his present counsel was subsequently appointed...
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