State v. Lee

PARKER, Judge.

When defendant filed his petition for writ of error coram nobis on 18 November 1977, the filing of such a petition was the appropriate procedure by which a defendant not in prison could challenge the validity of a criminal judgment against him on grounds extraneous to the record. State v. Green, 277 N.C. 188, 176 S.E. 2d 756 (1970). There having been no appeal from the challenged judgment, the prior permission of the Supreme Court was not a prerequisite to the filing of the petition. Dantzic v. State, 279 N.C. 212, 182 S.E. 2d 563 (1971). Therefore, at the time defendant’s…