Court of Appeals of North Carolina May 2, 1978, 7712SC906 (State v. McDiarmid)

ERWIN, Judge.

We note that the record in this case was not timely filed as required by App. R. 12(a). We elect to treat this appeal as a Petition for Writ of Certiorari, which we allow, and proceed to dispose of the case on its merits.

See Boone v. Fuller,

30 N.C. App. 107, 226 S.E. 2d 191 (1976).