State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1444

§ 15A‑1444.  Whendefendant may appeal; certiorari.

(a)        A defendant who hasentered a plea of not guilty to a criminal charge, and who has been foundguilty of a crime, is entitled to appeal as a matter of right when finaljudgment has been entered.

(a1)      A defendant who hasbeen found guilty, or entered a plea of guilty or no contest to a felony, isentitled to appeal as a matter of right the issue of whether his or hersentence is supported by evidence introduced at the trial and sentencinghearing only if the minimum sentence of imprisonment does not fall within thepresumptive range for the defendant's prior record or conviction level andclass of offense. Otherwise, the defendant is not entitled to appeal this issueas a matter of right but may petition the appellate division for review of thisissue by writ of certiorari.

(a2)      A defendant who hasentered a plea of guilty or no contest to a felony or misdemeanor in superiorcourt is entitled to appeal as a matter of right the issue of whether thesentence imposed:

(1)        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;

(2)        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

(3)        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 of offense and prior record orconviction level.

(b)        Procedures forappeal from the magistrate to the district court are as provided in Article 90,Appeals from Magistrates and from District Court Judges.

(c)        Procedures forappeal from the district court to the superior court are as provided in Article90, Appeals from Magistrates and from District Court Judges.

(d)        Procedures forappeal to the appellate division are as provided in this Article, the rules ofthe appellate division, and Chapter 7A of the General Statutes. The appeal mustbe perfected and conducted in accordance with the requirements of thoseprovisions.

(e)        Except as providedin subsections (a1) and (a2) of this section and G.S. 15A‑979, and exceptwhen a motion to withdraw a plea of guilty or no contest has been denied, thedefendant is not entitled to appellate review as a matter of right when he hasentered a plea of guilty or no contest to a criminal charge in the superiorcourt, but he may petition the appellate division for review by writ of certiorari.If an indigent defendant petitions the appellate division for a writ ofcertiorari, the presiding superior court judge may in his discretion order thepreparation of the record and transcript of the proceedings at the expense ofthe State.

(f)         The ruling of thecourt upon a motion for appropriate relief is subject to review upon appeal orby writ of certiorari as provided in G.S. 15A‑1422.

(g)        Review by writ ofcertiorari is available when provided for by this Chapter, by other rules oflaw, or by rule of the appellate division. (1977, c. 711, s. 1; 1979, c.760, s. 3; 1981, c. 179, ss. 8, 9; 1993, c. 538, s. 27; 1994, Ex. Sess., c. 24,s. 14(b); 1997‑80, s. 4.)