State v. Dickson
| Decision Date | 18 June 2002 |
| Docket Number | No. COA01-890.,COA01-890. |
| Citation | 151 NC App. 136,564 S.E.2d 640 |
| Court | North Carolina Court of Appeals |
| Parties | STATE of North Carolina v. Kenneth Mast DICKSON. |
Attorney General Roy Cooper, by Special Deputy Attorney General Isaac T. Avery, III and Assistant Attorney General Patricia A. Duffy, for the State.
Wilson, Palmer, Lackey & Rohr, P.A., by Timothy J. Rohr, Lenoir, for defendant-appellant.
Kenneth Mast Dickson (Defendant) purports to appeal from a judgment dated 2 April 2001 entered consistent with his plea of guilty to impaired driving and from an order filed 4 June 2001 denying his motion to dismiss. In the alternative, Defendant petitions this Court for writ of certiorari.
On 7 March 2001, Defendant filed a motion to dismiss the charge of impaired driving. Defendant's motion was denied both in open court on 2 April 2001 and in an order filed 4 June 2001. Subsequently, Defendant pled guilty to impaired driving. Defendant assigns as error the trial court's denial of his motion to dismiss the charge against him.
The dispositive issue is whether this Court has the authority to review the trial court's judgment entered consistent with Defendant's plea of guilty.
N.C.R.App. P. 21(a)(1). The North Carolina Constitution "gives exclusive authority to [our] Supreme Court to make rules of practice and procedure for the appellate division," thus, where, as here, "the North Carolina General Statutes conflict with Rules of Appellate Procedure, the Rules of Appellate Procedure will prevail." Neasham v. Day, 34 N.C.App. 53, 55-56, 237 S.E.2d 287, 289 (1977).
In this case, under N.C. Gen.Stat. § 15A-1444(e), Defendant...
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State v. Biddix
...the habitual felon indictment or defendant's assertion the judgment violates his constitutional rights"); State v. Dickson, 151 N.C.App. 136, 138, 564 S.E.2d 640, 641 (2002) ("this Court is without authority to issue a writ of certiorari" where the defendant had no statutory right to appeal......
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State v. Corbett, COA07-856.
...motion to withdraw the guilty plea." State v. Pimental, 153 N.C.App. 69, 73, 568 S.E.2d 867, 870 (2002) (citing State v. Dickson, 151 N.C.App. 136, 564 S.E.2d 640 (2002)). The State contends that under State v. Hopkins, 279 N.C. 473, 183 S.E.2d 657 (1971), defendant has no right to an appea......
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State v. Wolfe, No. COA08-38 (N.C. App. 4/7/2009)
...153 N.C. App. 69, 76-77, 568 S.E.2d 807, 872 (2002), dis. rev. den., 356 N.C. 442, 573 S.E.2d 163 (2002); State v. Dickson, 151 N.C. App. 136, 137-38, 564 S.E.2d 640, 641 (2002). Even if we were to conclude that we had the authority to grant review of Defendant's claim pursuant to N.C.R. Ap......
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State v. Ledbetter
...773, 774, 574 S.E.2d 692, 693 (2003) ; Pimental, 153 N.C.App. at 73–74, 568 S.E.2d at 870 ; State v. Dickson, 151 N.C.App. 136, 137–38, 564 S.E.2d 640, 640–41 (2002).These holdings are rooted in precedents from our Supreme Court. See State v. Bennett, 308 N.C. 530, 535, 302 S.E.2d 786, 790 ......