§ 15A-1445. Appeal by the State.

244 words·~1 min read·/nc/chapter-15a/15a-1445

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Unless the rule against double jeopardy prohibits further prosecution, the State may appeal from the superior court to the appellate division:

(1)When there has been a decision or judgment dismissing criminal charges as to one or more counts.

(2)Upon the granting of a motion for a new trial on the ground of newly discovered or newly available evidence but only on questions of law.

(3)When the State alleges that the sentence imposed:

a. Results from an incorrect determination of the defendant's prior record level under G.S. 15A-1340.14 or the defendant's prior conviction level under G.S. 15A-1340.21;

b. Contains a type of sentence disposition that is not authorized by G.S. 15A-1340.17 or G.S. 15A-1340.23 for the defendant's class of offense and prior record or conviction level;

c. Contains a term of imprisonment that is for a duration not authorized by G.S. 15A-1340.17 or G.S. 15A-1340.23 for the defendant's class of offense and prior record or conviction level; or

d. Imposes an intermediate punishment pursuant to G.S. 15A-1340.13(g) based on findings of extraordinary mitigating circumstances that are not supported by evidence or are insufficient as a matter of law to support the dispositional deviation.

(b)The State may appeal an order by the superior court granting a motion to suppress as provided in G.S. 15A-979. (1977, c. 711, s. 1; 1993, c. 538, s. 28; 1994, Ex. Sess., c. 14, s. 28, c. 24, s. 14(b).)