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97 N.C. App. 502

State v. Clemmons

Court of Appeals of North Carolina · decided 1990-03-06

Decided 1990-03-06

Judge COZORT

¶1concurring.

¶2At the revocation hearing held on 5 June 1989, the defendant did not contest the alleged violation, nor did he raise the issue of his not having had a preliminary hearing prior to the revocation hearing. I find the defendant’s failure to do either to constitute a waiver of the right to a preliminary hearing, and I vote to affirm on that basis.

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