{
  "id": 9079619,
  "name": "STATE OF NORTH CAROLINA v. KENNETH MAST DICKSON",
  "name_abbreviation": "State v. Dickson",
  "decision_date": "2002-06-18",
  "docket_number": "No. COA01-890",
  "first_page": "136",
  "last_page": "138",
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    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
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      "year": 1977,
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  "last_updated": "2023-07-14T16:47:19.620477+00:00",
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  "casebody": {
    "judges": [
      "Judges HUDSON and BIGGS concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. KENNETH MAST DICKSON"
    ],
    "opinions": [
      {
        "text": "GREENE, Judge.\nKenneth 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.\nOn 7 March 2001, Defendant filed a motion to dismiss the charge of impaired driving. Defendant\u2019s 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\u2019s denial of his motion to dismiss the charge against him.\nThe dispositive issue is whether this Court has the authority to review the trial court\u2019s judgment entered consistent with Defendant\u2019s plea of guilty.\nUnless appealing sentencing issues or the denial of a motion to suppress, a defendant \u201cis not entitled to appellate review as a matter of right when he has entered a plea of guilty ... to a criminal charge in the superior court, but he may petition the appellate division for review by writ of certiorari.\u201d N.C.G.S. \u00a7 15A-1444(e) (2001). While N.C. Gen. Stat. \u00a7 15A-1444(e) allows a defendant to petition for writ of certiorari, this Court is limited to issuing a writ of certiorari\nin appropriate circumstances ... to permit review of the judgments and orders of trial tribunals when the right to prosecute an appeal has been lost by failure to take timely action, or when no right of appeal from an interlocutory order exists, or for review pursuant to G.S. 15A-1422(c)(3) of an order of the trial court denying a motion for appropriate relief.\nN.C.R. App. P. 21(a)(1). The North Carolina Constitution \u201cgives exclusive authority to [our] Supreme Court to make rules of practice and procedure for the appellate division,\u201d thus, where, as here, \u201cthe North Carolina General Statutes conflict with Rules of Appellate Procedure, the Rules of Appellate Procedure will prevail.\u201d Neasham v. Day, 34 N.C. App. 53, 55-56, 237 S.E.2d 287, 289 (1977).\nIn this case, under N.C. Gen. Stat. \u00a7 15A-1444(e), Defendant has no right to appeal the judgment entered consistent with his guilty plea. In addition, Defendant has not failed to take timely action, is not attempting to appeal from an interlocutory order, and is not seeking review pursuant to N.C. Gen. Stat. \u00a7 15A-1422(c)(3). Thus, this Court does not have the authority to issue a writ of certiorari. Accordingly, because Defendant does not have a right to appeal and this Court is without authority to grant a writ of certiorari, Defendant\u2019s appeal is dismissed.\nDismissed.\nJudges HUDSON and BIGGS concur.",
        "type": "majority",
        "author": "GREENE, Judge."
      }
    ],
    "attorneys": [
      "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, for defendant-appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. KENNETH MAST DICKSON\nNo. COA01-890\n(Filed 18 June 2002)\nAppeal and Error\u2014 appealability \u2014 judgment entered consistent with guilty plea \u2014 writ of certiorari\nA defendant\u2019s 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 is dismissed, because defendant does not have a right to appeal and the Court of Appeals is without authority to grant a writ of cer-tiorari since: (1) N.C.G.S. \u00a7 15A-1444(e) states that defendant has no right to appeal the judgment entered consistent with his guilty plea; and (2) defendant has not failed to take timely action, is not attempting to appeal from an interlocutory order, and is not seeking review under N.C.G.S. \u00a7 15A-1422(c)(3).\nAppeal by defendant from judgment dated 2 April 2001 and from order filed 4 June 2001 by Judge Ronald K. Payne in Watauga County Superior Court. Heard in the Court of Appeals 4 June 2002.\nAttorney General Roy Cooper, by Special Deputy Attorney General Isaac T Avery, III and Assistant Attorney General Patricia A. Duffy, for the State.\nWilson, Palmer, Lackey & Rohr, P.A., by Timothy J. Rohr, for defendant-appellant."
  },
  "file_name": "0136-01",
  "first_page_order": 166,
  "last_page_order": 168
}
