State v. Spicer

COPELAND, Justice.

Defendant’s first argument is that he was denied due process of law when the trial judge refused to grant him an evidentiary hearing upon his motion to dismiss all of the charges. He also maintains that the right to such an evidentiary hearing is inherent in G.S. 15A-954. Defendant’s contentions are without merit. In order to discuss defendant’s due process and statutory claims, it is necessary to examine the underlying claim upon which defendant sought an evidentiary hearing.

Defendant stated that the district attorney’s office in the Fifth District has established a policy…