State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1115

§15A‑1115.  Review of disposition by superior court.

(a)        Appeal of DistrictCourt Decision. – A person who denies responsibility and is found responsiblefor an infraction in the district court, within 10 days of the hearing, mayappeal the decision to the criminal division of the superior court for ahearing de novo. Upon appeal, the defendant is entitled to a jury trial unlesshe consents to have the hearing conducted by the judge. The State must provebeyond a reasonable doubt that the person charged is responsible for theinfraction unless the person admits responsibility. Unless otherwise providedby law, the procedures applicable to misdemeanors disposed of in the superiorcourt apply to those infraction hearings. In the superior court, a prosecutor mustrepresent the State. Appeal from the judgment in the superior court is asprovided for other criminal actions in superior court, and the Attorney Generalmust represent the State in an appeal of such actions.

(b)        Review ofInfractions Originally Disposed of in Superior Court. – If the superior courtdisposes of an infraction pursuant to its jurisdiction in G.S. 7A‑271(d),appeal from that judgment is as provided for criminal actions in the superiorcourt. (1985, c. 764, s. 3; 1985 (Reg. Sess., 1986), c. 852,s. 10.)