State v. Summers, 110519 NCCA, COA19-162

Docket Nº:COA19-162
Opinion Judge:DILLON, Judge.
Party Name:STATE OF NORTH CAROLINA v. TIQUAN K. SUMMERS, Defendant.
Attorney:Attorney General Joshua H. Stein, by Assistant Attorney General Kristin J. Uicker, for the State. Appellate Defender Glenn Gerding, by Assistant Appellate Defender David W. Andrews, for the Defendant.
Judge Panel:Judges STROUD and YOUNG concur.
Case Date:November 05, 2019
Court:Court of Appeals of North Carolina
 
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STATE OF NORTH CAROLINA

v.

TIQUAN K. SUMMERS, Defendant.

No. COA19-162

Court of Appeals of North Carolina

November 5, 2019

Appeal by Defendant from order entered 6 August 2018 by Judge Lisa C. Bell in Mecklenburg County No. 16CRS237763 Superior Court. Heard in the Court of Appeals 2 October 2019.

Attorney General Joshua H. Stein, by Assistant Attorney General Kristin J. Uicker, for the State.

Appellate Defender Glenn Gerding, by Assistant Appellate Defender David W. Andrews, for the Defendant.

DILLON, Judge.

Defendant Tiquan K. Summers appeals from an order dismissing his case from Mecklenburg County Superior Court on the basis of lack of jurisdiction.

I. Background

On 21 November 2016, officers arrested Defendant for embezzlement of $1, 284.00 from his employer.

In April 2017, Defendant and the prosecutor entered into a deferred prosecution agreement in district court whereby Defendant signed a document stipulating to the facts as presented by the prosecutor. Pursuant to that agreement, the district court judge placed Defendant on probation for a period of 24 months.

Eight months later, in December 2017, Defendant's probation officer filed a report alleging that Defendant had violated the conditions of his probation. On 27 April 2018, following a hearing on the matter, the district court entered an order revoking Defendant's probation, the effect of which allowed the State to pursue prosecution. However, though the State had not yet restarted its prosecution of Defendant, he immediately filed a notice of appeal to superior court from that order.

After a hearing on the matter, the superior court dismissed the appeal, ruling that the superior court did not have jurisdiction. Defendant seeks review with our Court.1 After careful review, we affirm.

II. Analysis

Where a defendant has been charged with a low level felony or a misdemeanor, the defendant and prosecutor can agree that prosecution be deferred and the defendant be placed on probation. See N.C. Gen. Stat. § 15A-1341(a1) (2017). Typically, under a deferred prosecution, the defendant signs an agreement admitting to...

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