State v. Lea

HUDSON, Judge.

Defendant Orlando T. Lea (“defendant”) was convicted of three counts of attempted second-degree murder and three counts of assault. The superior court entered a prayer for judgment continued on the assault convictions. When the North Carolina Supreme Court later held that the crime of attempted second-degree murder did not exist in North Carolina, the superior court vacated those convictions and entered judgment on the assault convictions. Defendant appealed, contending that the five years that had passed in the interim was unreasonable and had prejudiced him. For the reason set…