Motion For Additional Assignmt Of Error - Pettigrew

NO. COA09-1226

JUDICIAL DISTRICT 21 NORTH CAROLINA COURT OF APPEALS *********************************

STATE OF NORTH CAROLINA v. KERRY JARROD PETTIGREW, Defendant.

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From Forsyth County 07 CrS 61801

********************************* MOTION TO ALLOW AMENDMENT OF RECORD ON APPEAL TO INCLUDE ADDITIONAL ASSIGNMENT OF ERROR COMES NOW undersigned appellate counsel for the defendant-appellant, Kerry Jarrod Pettigrew, and pursuant to N.C. R. App. P. 2, respectfully moves this court to allow him to amend the record on appeal to include an additional assignment of error. In support of this motion, counsel would show this court as follows: 1. In preparing the appellant’s brief in this matter, counsel observed an error

which was not included in the assignments of error, as set forth in the previously-docketed record on appeal. Appellate counsel believes this additional assignment raises a meritorious issue for review. 2. The record on appeal includes the entire court file in this matter, as well as a

complete transcript, and the State will suffer no prejudice by allowing this additional assignment of error to be included in the record on appeal. WHEREFORE, FOR GOOD CAUSE SHOWN, and to prevent a manifest injustice, the defendant-appellant respectfully requests that he be allowed to amend the record on appeal to include the following additional assignment of error, to be designated Assignment of Error Number 10: THE DEFENDANT’S CONVICTIONS MUST BE VACATED BECAUSE THE INDICTMENT ENCOMPASSES A PERIOD OF TIME BEFORE THE DEFENDANT WAS 16 YEARS OLD, AND THEREFORE FAILS TO ESTABLISH THAT THE SUPERIOR COURT HAD JURISDICTION.

R p. 18 THIS, the 7th day of December, 2009. [Electronically filed] __________________________ Michael E. Casterline Attorney for the Defendant-Appellant 68 North Market Street Asheville, NC 28801 828/ 253-6401 CERTIFICATE OF SERVICE This is to certify that the undersigned has this date served a copy of the foregoing Defendant-Appellant’s MOTION TO ALLOW AMENDMENT OF RECORD ON APPEAL TO INCLUDE ADDITIONAL ASSIGNMENT OF ERROR upon all parties to this cause by depositing a copy hereof in a post paid wrapper in a post office or official depository under the exclusive care and custody of the United States Postal Service, properly addressed to the attorney or attorneys for said parties, as listed below. THIS, the 7th day of December, 2009. [Electronically filed] ___________________________ Michael E. Casterline Attorney for the Defendant-Appellant 68 North Market Street Asheville, NC 28801 828/ 253-6401 Jane Rankin Thompson Assistant Attorney General NC Department of Justice 792 Arbor Road Winston-Salem, NC 27104