State v. Barrett

ORDER

Defendant has attempted to appeal to this Court from the denial of his motion for appropriate relief by the Court of Appeals, with Becton, J., dissenting. This he cannot do. N.C. Gen. Stat. § 15A-1422(f) (Cum. Supp. 1981). Defendant’s motion is based upon N.C.G.S. 15A-1415(b)(2) (Cum. Supp. 1981). Nevertheless, the record on appeal before us discloses that defendant was convicted of crime against nature, which is not a lesser included offense of a sexual offense in the first degree. N.C. Gen. Stat. § 14-27.4 (1981). Therefore, we arrest judgment. The appeal is dismissed and the case is…