Issue

Guilty plea—limited right of appeal—statutory exception inapplicable—appellate jurisdiction improper

Summary

After the defendant in a prosecution for embezzlement and obtaining property by false pretenses pleaded guilty to attaining habitual felon status, the Court of Appeals erred in concluding that defendant had a right of appeal from the entry of her guilty plea under one of the exceptions to the general limitation on such appeals: specifically, N.C.G.S. § 15A-1444(a2)(3), which allows an appeal as of right where the duration of a prison sentence is not statutorily authorized for the defendant's class of offense and prior record level. This exception did not apply to defendant's appeal, which challenged the factual basis for the guilty plea rather than the duration of defendant's sentence. Consequently, the Court of Appeals–having dismissed defendant's petition for a writ of certiorari as moot–lacked jurisdiction to review the merits of defendant's appeal, prompting the Supreme Court to reverse that court's decision and to remand the case for further proceedings.

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