State v. Adams

WHICHARD, Judge.

The issue is whether the court abused its discretion in dismissing criminal charges against defendant upon the State’s failure to comply with an order for discovery. We hold that it did not.

Defendant was charged with assault with a deadly weapon upon a law enforcement officer, resisting a public officer, and failing to stop for a blue light and siren. On 18 June 1982 he filed a request for voluntary discovery. Following the State’s failure timely to respond, on 8 July 1982 he filed a motion for discovery. See G.S. 15A-902(a).

On 12 January 1983 this motion came on for hearing…