State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1448

§15A‑1448.  Procedures for taking appeal.

(a)        Time for Entry ofAppeal; Jurisdiction over the Case. –

(1)        A case remains openfor the taking of an appeal to the appellate division for the period providedin the rules of appellate procedure for giving notice of appeal.

(2)        When a motion forappropriate relief is made under G.S. 15A‑1414 or G.S. 15A‑1416(a),the case remains open for the taking of an appeal until the court has ruled onthe motion. The time for taking an appeal as provided in subsection (b) shallbegin to run immediately upon the entry of an order under G.S. 15A‑1420(c)(7),and the case shall remain open for the taking of an appeal until the expirationof that time.

(3)        The jurisdiction ofthe trial court with regard to the case is divested, except as to actionsauthorized by G.S. 15A‑1453, when notice of appeal has been given and theperiod described in (1) and (2) has expired.

(4)        Repealed by SessionLaws 1987, c. 624.

(5)        The right to appealis not waived by withdrawal of an appeal if the appeal is reentered within thetime specified in (1) and (2).

(6)        The right to appealis not waived by compliance with all or a portion of the judgment imposed. Ifthe defendant appeals, the court may enter appropriate orders remitting anyfines or costs which have been paid. The court may delay the remission pendingthe determination of the appeal.

(b)        How and When Appealof Right Taken. – Notice of appeal shall be given within the time, in themanner and with the effect provided in the rules of appellate procedure.

(c)        Certiorari. –Petitions for writs of certiorari are governed by rules of the appellatedivision. (1977, c. 711, s. 1; 1977, 2nd Sess., c. 1147, s. 29;1987, c. 624; 1989, c. 377, s. 5.)