Date: 09-28-2016

Case Style:

Case Number: 66A16

Judge:

Court: IN THE SUPREME COURT OF NORTH CAROLINA

Plaintiff's Attorney:

Roy Cooper, Attorney General, by Douglas W. Corkhill, Special Deputy Attorney General

Defendant's Attorney:

Erik R. Zimmerman

Description: We agree that defendant failed to preserve his timing argument for appeal because he did not raise this
argument before the trial court. See State v. Eason, 328 N.C. 409, 420, 402 S.E.2d
809, 814 (1991) (“In order to preserve a question for appellate review, a party must
have presented the trial court with a timely request, objection or motion, stating the
specific grounds for the ruling sought if the specific grounds are not apparent.” (citing
N.C. R. App. P. 10(b) (recodified 2009 as N.C. R. App. P. 10(a)(1)). We therefore
modify and affirm the decision of the Court of Appeals solely on this ground.

Outcome:

The remaining issue addressed in the majority opinion of the Court of Appeals concerning defendant’s right to be present at sentencing is unchallenged and unaffected by our decision.
MODIFIED AND AFFIRMED.

Plaintiff's Experts:

Defendant's Experts:

Comments: