{
  "id": 8521601,
  "name": "IN THE MATTER OF: Order of Forfeiture of $5480 Seized from RICHARD SNEED, JR. (The judgment of record reflects the proper caption as: STATE OF NORTH CAROLINA v. RICHARD SNEED, JR.)",
  "name_abbreviation": "State v. Sneed",
  "decision_date": "1993-10-19",
  "docket_number": "No. 922SC1129",
  "first_page": "361",
  "last_page": "364",
  "citations": [
    {
      "type": "official",
      "cite": "112 N.C. App. 361"
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    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
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    "name_long": "North Carolina",
    "name": "N.C."
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    {
      "cite": "290 S.E.2d 688",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1982,
      "opinion_index": 0
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      "cite": "305 N.C. 565",
      "category": "reporters:state",
      "reporter": "N.C.",
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    {
      "cite": "283 S.E.2d 528",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1981,
      "opinion_index": 0
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    {
      "cite": "54 N.C. App. 447",
      "category": "reporters:state",
      "reporter": "N.C. App.",
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        8523154
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      "year": 1981,
      "opinion_index": 0,
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        "/nc-app/54/0447-01"
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    {
      "cite": "272 S.E.2d 861",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1981,
      "opinion_index": 0
    },
    {
      "cite": "301 N.C. 532",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8569752
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      "year": 1981,
      "opinion_index": 0,
      "case_paths": [
        "/nc/301/0532-01"
      ]
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  "analysis": {
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  "last_updated": "2023-07-14T15:48:17.524906+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "Judges LEWIS and MARTIN concur."
    ],
    "parties": [
      "IN THE MATTER OF: Order of Forfeiture of $5480 Seized from RICHARD SNEED, JR. (The judgment of record reflects the proper caption as: STATE OF NORTH CAROLINA v. RICHARD SNEED, JR.)"
    ],
    "opinions": [
      {
        "text": "WELLS, Judge.\nThe Beaufort County School Board contends that the Department of Revenue lacks standing to appeal from the judgment entered by the trial court. We agree.\nSection 1-271 of the North Carolina General Statutes provides: \u201cAny party aggrieved may appeal in the cases prescribed in this Chapter.\u201d According to our Supreme Court, \u201c[o]ne who is not a party to an action or who is not privy to the record is not entitled to appeal from the judgment of the lower court.\u201d In re Brownlee, 301 N.C. 532, 272 S.E.2d 861 (1981).\nIn Brownlee, Wake County attempted to appeal an order entered by the district court in a juvenile proceeding directing the county to pay for the juvenile\u2019s treatment. Our Supreme Court held that because Wake County was not a party to the juvenile proceeding it did not have a right to appeal.\nThe case sub judice is a criminal action involving the possession of controlled substances, and, as in Brownlee, it is clear in this case that the governmental agency attempting to appeal, the Department of Revenue, is not a party to the judgment ordering the forfeiture of $5,480.00. Since the Department of Revenue is not a party to the underlying criminal action, it had no right to appeal a forfeiture order contained in the judgment in this criminal action. Id.; In re Wharton, 54 N.C. App. 447, 283 S.E.2d 528 (1981), rev\u2019d in part on other grounds, 305 N.C. 565, 290 S.E.2d 688 (1982). Therefore, the appeal must be dismissed.\nWe note that, in filing the record on appeal, the attorney for the Department of Revenue made an unauthorized change in the caption of this case in violation of the Rules of Appellate Procedure.\nRule 26(g) of the North Carolina Rules of Appellate Procedure provides that \u201c[t]he format of all papers presented for filing shall follow the instructions found in the Appendixes to these Appellate Rules,\u201d and Appendix B provides that \u201c[t]he caption should reflect the title to the action (all parties named) as it appeared in the trial division.\u201d\nThe judgment and commitment ordering the forfeiture is entitled \u201cState of North Carolina v. Richard Sneed, Jr., aka Richard Snead, Jr.\u201d and bears the docket number 92CRS761;830. Consequently, this case was incorrectly titled \u201cIn the Matter of: Order of Forfeiture of $5480 Seized from Richard Sneed, Jr.\u201d The proper caption is \u201cState of North Carolina v. Richard Sneed, Jr., and the -proper docket number is 92CRS761. Our opinion will reflect this correction.\nFor the reasons stated, this appeal is\nDismissed.\nJudges LEWIS and MARTIN concur.",
        "type": "majority",
        "author": "WELLS, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Lacy H. Thornburg, by Associate Attorney General Christopher E. Allen, for appellant State of North Carolina.",
      "Lee E. Knott, Jr. for appellee Beaufort County Board of Education."
    ],
    "corrections": "",
    "head_matter": "IN THE MATTER OF: Order of Forfeiture of $5480 Seized from RICHARD SNEED, JR. (The judgment of record reflects the proper caption as: STATE OF NORTH CAROLINA v. RICHARD SNEED, JR.)\nNo. 922SC1129\n(Filed 19 October 1993)\nAppeal and Error \u00a7 68 (NCI4th) \u2014 cash seized in drug arrest \u2014 garnishment by Department of Revenue \u2014 standing of Department to appeal\nThe Department of Revenue lacked standing to appeal from a judgment of imprisonment for possession of cocaine with intent to sell and deliver and possession of drug paraphernalia which included an order that cash seized during the arrest be forfeited and delivered to the School Board of Beaufort County. Since the Department of Revenue is not a party to the underlying criminal action, it had no right to appeal a forfeiture order contained in the judgment in the criminal action. N.C.G.S. \u00a7 1-271.\nAm Jur 2d, Appeal and Error \u00a7 173.\nAppeal by the State of North Carolina, Department of Revenue, from a judgment entered in Beaufort County Superior Court by Judge W. Russell Duke, ordering, inter alia, forfeiture and delivery of $5,480.00 to the School Board of Beaufort County. Heard in the Court of Appeals 6 October 1993.\nOn 6 February 1992, Richard Sneed, Jr. was arrested on charges of possession with intent to sell and deliver cocaine and possession of drug paraphernalia. At the time of the arrest, the arresting officers found $5,480.00 in Mr. Sneed\u2019s possession. On that same day, the Department of Revenue served on Mr. Sneed a Notice of Tax Assessment of $8,030.00 and filed a certificate of tax liability with the Clerk of the Superior Court of Beaufort County. The Department of Revenue also served D.G. Crouch, one of the arresting officers, with a notice of garnishment in the amount of $8,030.00.\nMr. Sneed pled guilty to possession with intent to sell and deliver cocaine and possession of drug paraphernalia. The trial court sentenced Mr. Sneed to ten years imprisonment and, as part of that judgment, ordered the $5,480.00 seized from Mr. Sneed to be forfeited and delivered to the School Board of Beaufort County. The Department of Revenue filed notice of appeal from that judgment on 25 August 1992.\nAttorney General Lacy H. Thornburg, by Associate Attorney General Christopher E. Allen, for appellant State of North Carolina.\nLee E. Knott, Jr. for appellee Beaufort County Board of Education."
  },
  "file_name": "0361-01",
  "first_page_order": 391,
  "last_page_order": 394
}