Issue

Right to appeal—denial of motion to suppress—entry of guilty plea—no plea agreement—notice of intent to appeal not required

Summary

Where defendant entered an open guilty plea–one that was not made as part of a plea agreement–he was not required to provide notice of his intent to appeal the denial of his motion to suppress or his judgment prior to entry of the plea. The Supreme Court declined to expand the scope of the rule stated in State v. Reynolds, 298 N.C. 380 (1979) (concluding that a defendant who wants to appeal a suppression motion denial pursuant to N.C.G.S. § 15A-979(b) must give notice of his or her intent to appeal prior to pleading guilty as part of a negotiated plea agreement, or else the right to appeal is waived) to include open pleas.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →