(a) The superior courthas exclusive, original jurisdiction over all criminal actions not assigned tothe district court division by this Article, except that the superior court hasjurisdiction to try a misdemeanor:
(1) Which is a lesserincluded offense of a felony on which an indictment has been returned, or afelony information as to which an indictment has been properly waived; or
(2) When the charge isinitiated by presentment; or
(3) Which may beproperly consolidated for trial with a felony under G.S. 15A‑926;
(4) To which a plea ofguilty or nolo contendere is tendered in lieu of a felony charge; or
(5) When a misdemeanorconviction is appealed to the superior court for trial de novo, to accept aguilty plea to a lesser included or related charge.
(b) Appeals by theState or the defendant from the district court are to the superior court. Thejurisdiction of the superior court over misdemeanors appealed from the districtcourt to the superior court for trial de novo is the same as the district courthad in the first instance, and when that conviction resulted from a pleaarrangement between the defendant and the State pursuant to which misdemeanorcharges were dismissed, reduced, or modified, to try those charges in the formand to the extent that they subsisted in the district court immediately priorto entry of the defendant and the State of the plea arrangement.
(c) When a districtcourt is established in a district, any superior court judge presiding over acriminal session of court shall order transferred to the district court anypending misdemeanor which does not fall within the provisions of subsection(a), and which is not pending in the superior court on appeal from a lowercourt.
(d) The criminal jurisdictionof the superior court includes the jurisdiction to dispose of infractions onlyin the following circumstances:
(1) If the infraction isa lesser‑included violation of a criminal action properly before thecourt, the court must submit the infraction for the jury's consideration infactually appropriate cases.
(2) If the infraction isa lesser‑included violation of a criminal action properly before thecourt, or if it is a related charge, the court may accept admissions ofresponsibility for the infraction. A proper pleading for the criminal action issufficient to support a finding of responsibility for the lesser‑includedinfraction.
(e) The superior courthas exclusive jurisdiction over all hearings held pursuant to G.S. 15A‑1345(e)where the district court had accepted a defendant's plea of guilty or nocontest to a felony under the provisions of G.S. 7A‑272(c), except thatthe district court shall have jurisdiction to hear these matters with theconsent of the State and the defendant.
(f) The superior courthas exclusive jurisdiction over all hearings to revoke probation pursuant toG.S. 15A‑1345(e) where the district court is supervising a drug treatmentcourt probation judgment under G.S. 7A‑272(e), except that the districtcourt has jurisdiction to conduct the revocation proceedings when the chiefdistrict court judge and the senior resident superior court judge agree that itis in the interest of justice that the proceedings be conducted by the districtcourt. If the district court exercises jurisdiction under this subsection torevoke probation, appeal of an order revoking probation is to the appellatedivision. (1965,c. 310, s. 1; 1967, c. 691, s. 24; 1969, c. 1190, ss. 23, 24; 1971, c. 377, s.15; 1977, c. 711, s. 6; 1979, 2nd Sess., c. 1328, s. 2; 1985, c. 764, s. 15;1985 (Reg. Sess., 1986), c. 852, s. 17; 2004‑128, s. 2; 2009‑452,s. 1; 2009‑516, s. 7(a), (b).)
(a) The superior courthas exclusive, original jurisdiction over all criminal actions not assigned tothe district court division by this Article, except that the superior court hasjurisdiction to try a misdemeanor:
(1) Which is a lesserincluded offense of a felony on which an indictment has been returned, or afelony information as to which an indictment has been properly waived; or
(2) When the charge isinitiated by presentment; or
(3) Which may beproperly consolidated for trial with a felony under G.S. 15A‑926;
(4) To which a plea ofguilty or nolo contendere is tendered in lieu of a felony charge; or
(5) When a misdemeanorconviction is appealed to the superior court for trial de novo, to accept aguilty plea to a lesser included or related charge.
(b) Appeals by theState or the defendant from the district court are to the superior court. Thejurisdiction of the superior court over misdemeanors appealed from the districtcourt to the superior court for trial de novo is the same as the district courthad in the first instance, and when that conviction resulted from a pleaarrangement between the defendant and the State pursuant to which misdemeanorcharges were dismissed, reduced, or modified, to try those charges in the formand to the extent that they subsisted in the district court immediately priorto entry of the defendant and the State of the plea arrangement.
(c) When a districtcourt is established in a district, any superior court judge presiding over acriminal session of court shall order transferred to the district court anypending misdemeanor which does not fall within the provisions of subsection(a), and which is not pending in the superior court on appeal from a lowercourt.
(d) The criminal jurisdictionof the superior court includes the jurisdiction to dispose of infractions onlyin the following circumstances:
(1) If the infraction isa lesser‑included violation of a criminal action properly before thecourt, the court must submit the infraction for the jury's consideration infactually appropriate cases.
(2) If the infraction isa lesser‑included violation of a criminal action properly before thecourt, or if it is a related charge, the court may accept admissions ofresponsibility for the infraction. A proper pleading for the criminal action issufficient to support a finding of responsibility for the lesser‑includedinfraction.
(e) The superior courthas exclusive jurisdiction over all hearings held pursuant to G.S. 15A‑1345(e)where the district court had accepted a defendant's plea of guilty or nocontest to a felony under the provisions of G.S. 7A‑272(c), except thatthe district court shall have jurisdiction to hear these matters with theconsent of the State and the defendant.
(f) The superior courthas exclusive jurisdiction over all hearings to revoke probation pursuant toG.S. 15A‑1345(e) where the district court is supervising a drug treatmentcourt probation judgment under G.S. 7A‑272(e), except that the districtcourt has jurisdiction to conduct the revocation proceedings when the chiefdistrict court judge and the senior resident superior court judge agree that itis in the interest of justice that the proceedings be conducted by the districtcourt. If the district court exercises jurisdiction under this subsection torevoke probation, appeal of an order revoking probation is to the appellatedivision. (1965,c. 310, s. 1; 1967, c. 691, s. 24; 1969, c. 1190, ss. 23, 24; 1971, c. 377, s.15; 1977, c. 711, s. 6; 1979, 2nd Sess., c. 1328, s. 2; 1985, c. 764, s. 15;1985 (Reg. Sess., 1986), c. 852, s. 17; 2004‑128, s. 2; 2009‑452,s. 1; 2009‑516, s. 7(a), (b).)
(a) The superior courthas exclusive, original jurisdiction over all criminal actions not assigned tothe district court division by this Article, except that the superior court hasjurisdiction to try a misdemeanor:
(1) Which is a lesserincluded offense of a felony on which an indictment has been returned, or afelony information as to which an indictment has been properly waived; or
(2) When the charge isinitiated by presentment; or
(3) Which may beproperly consolidated for trial with a felony under G.S. 15A‑926;
(4) To which a plea ofguilty or nolo contendere is tendered in lieu of a felony charge; or
(5) When a misdemeanorconviction is appealed to the superior court for trial de novo, to accept aguilty plea to a lesser included or related charge.
(b) Appeals by theState or the defendant from the district court are to the superior court. Thejurisdiction of the superior court over misdemeanors appealed from the districtcourt to the superior court for trial de novo is the same as the district courthad in the first instance, and when that conviction resulted from a pleaarrangement between the defendant and the State pursuant to which misdemeanorcharges were dismissed, reduced, or modified, to try those charges in the formand to the extent that they subsisted in the district court immediately priorto entry of the defendant and the State of the plea arrangement.
(c) When a districtcourt is established in a district, any superior court judge presiding over acriminal session of court shall order transferred to the district court anypending misdemeanor which does not fall within the provisions of subsection(a), and which is not pending in the superior court on appeal from a lowercourt.
(d) The criminal jurisdictionof the superior court includes the jurisdiction to dispose of infractions onlyin the following circumstances:
(1) If the infraction isa lesser‑included violation of a criminal action properly before thecourt, the court must submit the infraction for the jury's consideration infactually appropriate cases.
(2) If the infraction isa lesser‑included violation of a criminal action properly before thecourt, or if it is a related charge, the court may accept admissions ofresponsibility for the infraction. A proper pleading for the criminal action issufficient to support a finding of responsibility for the lesser‑includedinfraction.
(e) The superior courthas exclusive jurisdiction over all hearings held pursuant to G.S. 15A‑1345(e)where the district court had accepted a defendant's plea of guilty or nocontest to a felony under the provisions of G.S. 7A‑272(c), except thatthe district court shall have jurisdiction to hear these matters with theconsent of the State and the defendant.
(f) The superior courthas exclusive jurisdiction over all hearings to revoke probation pursuant toG.S. 15A‑1345(e) where the district court is supervising a drug treatmentcourt probation judgment under G.S. 7A‑272(e), except that the districtcourt has jurisdiction to conduct the revocation proceedings when the chiefdistrict court judge and the senior resident superior court judge agree that itis in the interest of justice that the proceedings be conducted by the districtcourt. If the district court exercises jurisdiction under this subsection torevoke probation, appeal of an order revoking probation is to the appellatedivision. (1965,c. 310, s. 1; 1967, c. 691, s. 24; 1969, c. 1190, ss. 23, 24; 1971, c. 377, s.15; 1977, c. 711, s. 6; 1979, 2nd Sess., c. 1328, s. 2; 1985, c. 764, s. 15;1985 (Reg. Sess., 1986), c. 852, s. 17; 2004‑128, s. 2; 2009‑452,s. 1; 2009‑516, s. 7(a), (b).)
