#### STATE OF NORTH CAROLINA v. JAMES OLIVER ROWLAND

No. 7114SC719

(Filed 15 December 1971)

Criminal Law § 18 — jurisdiction of superior court on appeal from district court — sentence for misdemeanor

An appeal to the superior court from a conviction in the district court gives the superior court the jurisdiction to sentence the defendant upon a plea of guilty to a misdemeanor. G.S. 7A-271(a)5; G.S. 7A-271 (b).

Appeal by defendant from Martin, (Robert M.), Special Judge, 19 April 1971 Session of Superior Court held in Durham County.

In the district court defendant was convicted of driving a motor vehicle on the highway while his license was permanently revoked, in violation of G.S. 20-28 (b). He appealed to the superior court where his plea of guilty to driving a motor vehicle on the highway while his license had been suspended or revoked, in violation of G.S. 20-28 (a), was duly accepted. Defendant was represented by his privately retained attorney and appealed.

Attorney General Robert Morgan by Assistant Attorney General Howard P. SatisJcy for the State.

Weatherspoon and Clayton by Jerry B. Clayton for defendant appellant.

VAUGHN, Judge.

Defendant’s only assignment of error is as follows:

> “The trial court erred in sentencing the defendant after the State accepted the defendant’s plea of guilty to driving while license revoked, a general misdemeanor, 20-28, Section A, since the District Court and not the Superior Court has original jurisdiction over misdemeanors and therefore the trial court did not have jurisdiction to sentence the defendant upon a plea of guilty to a misdemeanor.”

This assignment of error is without merit. Defendant’s appeal to the superior court gave that court the same jurisdiction as the district court had in the first instance. G.S. 7A-271-(a)5 *254and G.S. 7A-271(b). The judgment of the superior court is affirmed.

Affirmed.

Judges Brock and Britt concur.