State v. Nickerson

MITCHELL, Justice.

The defendant presents two assignments of error to this Court. In addition to reviewing the Court of Appeals’ dismissal of his appeal, the defendant requests that we reach the merits of the assignment of error he sought to present to the Court of Appeals. For the reasons stated below, we hold that the Court of Appeals improperly dismissed the defendant’s appeal. Since the issue raised by the defendant in the Court of Appeals was never reached by that Court, we remand defendant’s appeal for a determination on the merits of the case. Therefore, we find it unnecessary to review…