OFFICE OF THE
APPELLATE DEFENDER
STATE OF NORTH CAROLINA
SUITE 600
123 WEST MAIN STREET
DURHAM, NC 27701

March 10, 2000
 

Theodore M. Kimble, #0599011

Central Prison
1300 Western Blvd.
Raleigh, North Carolina 27606
 

Re: State v. Theodore Mead Kimble

COA 99-1518

Dear Ted:

Thank you for your letter dated March 5th. I know that this decision has been very difficult for you and your family. However, I truly believe that you have made the best possible decision under the circumstances.

I will file your brief on March 24, 2000 and will argue that you are entitled to a new sentencing hearing in all cases in which you received greater-than-presumptive terms – namely, the murder, arson, and 6 of the 8 solicitation cases. I cannot argue that your Alford pleas should be set aside as involuntary because that would vacate the entire plea agreement and you would be back to square one. However, I am planning to argue that there was no factual basis to support your Alford pleas to the solicitation offenses; that should not affect the entire plea agreement because you fulfilled your end of the deal.

Please feel free to write if you have any questions or concerns. I will send you and your parents a copy of the brief once it is complete. In the meantime, I hope you are doing as well as possible.
 

Sincerely,
 

/signature/

Danielle M. Carman

Assistant Appellate Defender

cc: Rev. Ronnie and Edna Kimble

     6318 Liberty Rd.
     Julian, North Carolina 27283

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