mask, and Kelly certainly knew that he had worn it himself. Accordingly, the “newly discovered evidence” merely corroborates that which Kelly knowingly elected not to disclose to the jury. Kelly is thus estopped from using that ground as a basis for seeking a new trial, and the court’s denial of his motion was well within its discretion. The entry is: Judgment affirmed. 1 . Kelly was sentenced to 18 years, all but 8 suspended, and 6 years probation. 2 . The driver testified that it was his practice to keep the bulk of the money he carried separately, apparently to help foil robbery attempts. 3 . Defense counsel’s theory of the case ir.1986) (same), abrogated on other grounds, United States v. DiNapoli, 8 F.3d 909, 914 n. 5 (2d Cir.1993); State v. Garner, 523 S.E.2d 689, 695 (N.C.1999) (<HOLDING>); State v. Miles, 585 N.W.2d 368, 371-72
holding failure to exercise discretion is abuse of discretion holding that it was not an abuse of discretion for the court to deny an award of attorneys fees to the wife holding it was not an abuse of discretion to exclude testimony holding that it was an abuse of discretion to deny stay while matter was pending in neighboring state holding it was not an abuse of discretion to deny funds