Court of Appeals of North Carolina January 17, 2012, No. COA11-580 (State v. Hogan)

MARTIN, Chief Judge.

In 2001, defendant Kelly Shawn Hogan was charged in an indictment with robbery with a dangerous weapon. However, the charge was dismissed with leave on 16 January 2003, the box on the dismissal form indicating “defendant failed to appear for a criminal proceeding at which the defendant’s attendance was required and the prosecutor believes that the defendant cannot readily be