State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1445

§15A‑1445.  Appeal by the State.

(a)        Unless the ruleagainst double jeopardy prohibits further prosecution, the State may appealfrom the superior court to the appellate division:

(1)        When there has beena decision or judgment dismissing criminal charges as to one or more counts.

(2)        Upon the granting ofa motion for a new trial on the ground of newly discovered or newly availableevidence but only on questions of law.

(3)        When the Statealleges that the sentence imposed:

a.         Results from anincorrect determination 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;

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 of offense and prior record orconviction level; or

d.         Imposes anintermediate punishment pursuant to G.S. 15A‑1340.13(g) based on findingsof extraordinary mitigating circumstances that are not supported by evidence orare insufficient as a matter of law to support the dispositional deviation.

(b)        The State mayappeal an order by the superior court granting a motion to suppress as providedin G.S. 15A‑979. (1977, c. 711, s. 1; 1993, c. 538, s. 28; 1994, Ex.Sess., c. 14, s. 28, c. 24, s. 14(b).)