State v. Joyner

MOORE, Justice.

By his first assignment of error defendant alleges that the trial court committed error in failing to grant defendant’s motion under G.S. 15A-954(a)(4) to dismiss the charges against the defendant. G.S. 15A-954(a) provides:

“The court on motion of the defendant must dismiss the charges stated in a criminal pleading if it determines that:

“(4) The defendant’s constitutional rights have been flagrantly violated and there is such irreparable prejudice to the defendant’s preparation of his case that there is no remedy but to dismiss the prosecution.”

The provisions of G.S.…