Dupree v. State

HINES, Justice.

This is an appeal from the dismissal of an untimely motion to withdraw pleas entered pursuant to North Carolina v. Alford, 400 U. S. 25 (91 SC 160, 27 LE2d 162) (1970). For the reasons which follow, we affirm.

On July 10, 2002, Curtis Dupree entered Alford pleas to felony murder, burglary, and theft by taking a motor vehicle. Dupree filed a “Motion to Withdraw Guilty Plea, or, in the Alternative, for an Out-of-Time Appeal” on August 24, 2004. On September 14, 2004, the Superior Court of Clay County entered an order dismissing the motion to withdraw the pleas as untimely and…