State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1442

§15A‑1442.  Grounds for correction of error by appellate division.

The following constitutegrounds for correction of errors by the appellate division.

(1)        Lack ofJurisdiction. –

a.         The trial courtlacked jurisdiction over the offense.

b.         The trial court didnot have jurisdiction over the person of the defendant.

(2)              Error in theCriminal Pleading. – Failure to charge a crime, in that:

a.         The criminalpleading charged acts which at the time they were committed did not constitutea violation of criminal law; or

b.         The pleading failsto state essential elements of an alleged violation as required by G.S. 15A‑924(a)(5).

(3)              Insufficiencyof the Evidence. – The evidence was insufficient as a matter of law.

(4)              Errors inProcedure. –

a.         There has been adenial of pretrial motions or relief to which the defendant is entitled, so asto affect the defendant's preparation or presentation of his defense, to hisprejudice.

b.         There has been adenial of a trial motion or relief to which the defendant is entitled, to hisprejudice.

c.         There has been errorin the admission or exclusion of evidence, to the prejudice of the defendant.

d.         There has been errorin the judge's instructions to the jury, to the prejudice of the defendant.

e.         There has been adenial of a post‑trial motion or relief to which the defendant isentitled, to his prejudice.  This provision is subject to the provisions ofG.S. 15A‑1422.

(5)              ConstitutionallyInvalid Procedure or Statute; Prosecution for Constitutionally ProtectedConduct. –

a.         The conviction wasobtained by a violation of the Constitution of the United States or of theConstitution of North Carolina.

b.         The defendant wasconvicted under a statute that is in violation of the Constitution of theUnited States or the Constitution of North Carolina.

c.         The conduct forwhich the defendant was prosecuted was protected by the Constitution of theUnited States or the Constitution of North Carolina.

(5a)      Insufficient Basisfor Sentence. – The sentence imposed on the defendant is not supported by evidenceintroduced at the trial and sentencing hearing.

(5b)      Violation ofSentencing Structure. – The sentence imposed:

a.         Results from anincorrect finding of the defendant's prior record level under G.S. 15A‑1340.14or the defendant's prior conviction level under G.S. 15A‑1340.21;

b.         Contains a type ofsentence disposition that is not authorized by G.S. 15A‑1340.17 or G.S.15A‑1340.23 for the defendant's class of offense and prior record orconviction level; or

c.         Contains a term ofimprisonment that is for a duration not authorized by G.S. 15A‑1340.17 orG.S. 15A‑1340.23 for the defendant's class or offense and prior record orconviction level.

(6)        Other Errors of Law.– Any other error of law was committed by the trial court to the prejudice ofthe defendant. (1977, c. 711, s. 1; 1979, c. 760, s. 3; 1993, c. 538,s. 26; 1994, Ex. Sess., c. 24, s. 14(b).)