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27 N.C. App. 13

State v. McCall

Court of Appeals of North Carolina

Decided August 20, 1975

Court of Appeals of North Carolina · decided 1975-08-20

Appeal by defendant from Thornburg, Judge. Judgment entered 1 November 1974 in Superior Court, Catawba County. Heard in the Court of Appeals 17 June 1975. At a session of Superior Court held in Catawba County in October 1973, defendant was tried before Judge Sammie Chess, Jr. and a jury on indictments in ten criminal cases, each indictment containing two counts charging defendant with feloniously forging and feloniously uttering certain checks.

Relies on State v. Adams

Decided 1975-08-20

PARKER, Judge.

¶1The judgment appealed from was dated 1 November 1974. The record on this appeal was not docketed in this Court until 28 April 1975, which was more than 150 days after the date of the judgment appealed from. There appears in the record an order of the trial tribunal purporting to extend the time for *15docketing for a total of 150 days “from December 2, 1974.” Under Rule 5 of the Rules of Practice in the Court of Appeals, the trial tribunal, for good cause, may extend the time for docketing the record on appeal for a period not exceeding 60 days after the expiration of the original 90-day period allowed by the Rules, thus allowing a total time for docketing not exceeding 150 days from the date of the judgment appealed from. However, the trial tribunal had no power to extend the time for docketing for any period exceeding 150 days from the date of the judgment appealed from. For failure to docket the record on appeal within the time allowed by the Rules of this Court, this appeal is subject to dismissal. State v. Adams, 16 N.C. App. 640, 192 S.E. 2d 648 (1972).

¶2Nevertheless, we have reviewed the record and find no prejudicial error.

¶3Appeal dismissed.

Chief Judge Brock and Judge Arnold concur.
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