State v. Messer

The majority holds the State’s failure to comply with N.C.G.S. § 7A-49.3 mandates reversal of defendant’s conviction of violation of N.C.G.S. § 15A-543.1 respectfully disagree and therefore dissent.

Initially and parenthetically, I note the majority posits its conclusion the State failed to comply with G.S. § 7A-49.3 in part upon the failure of the record to reflect the date defendant’s case was docketed. Further, in footnote three, the majority cites defendant’s assertion that the record contains no evidence that he or his counsel received notice of the 28 September 1998 calendar. These…