NO.

COA09-1226 JUDICIAL DISTRICT 21

NORTH CAROLINA COURT OF APPEALS

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STATE OF NORTH CAROLINA )

) From Forsyth County
v. ) 07 CrS 61801
)
KERRY JARROD PETTIGREW, )
Defendant. )

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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