{ "id": 4342664, "name": "STATE OF NORTH CAROLINA v. ANDREW JACKSON OATES", "name_abbreviation": "State v. Oates", "decision_date": "2011-09-06", "docket_number": "No. COA10-725", "first_page": "491", "last_page": "494", "citations": [ { "type": "official", "cite": "215 N.C. App. 491" } ], "court": { "name_abbreviation": "N.C. Ct. App.", "id": 14983, "name": "North Carolina Court of Appeals" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "622 S.E.2d 626", "category": "reporters:state_regional", "reporter": "S.E.2d", "case_ids": [ 12634539, 12634540, 12634541 ], "year": 2005, "opinion_index": 0, "case_paths": [ "/se2d/622/0626-01", "/se2d/622/0626-02", "/se2d/622/0626-03" ] }, { "cite": "615 S.E.2d 319", "category": "reporters:state_regional", "reporter": "S.E.2d", "case_ids": [ 12633261 ], "year": 2005, "pin_cites": [ { "page": "321" } ], "opinion_index": 0, "case_paths": [ "/se2d/615/0319-01" ] }, { "cite": "493 S.E.2d 450", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1997, "opinion_index": 0 }, { "cite": "347 N.C. 263", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 551138, 551077, 551207, 551251, 551284 ], "year": 1997, "opinion_index": 0, "case_paths": [ "/nc/347/0263-05", "/nc/347/0263-03", "/nc/347/0263-02", "/nc/347/0263-04", "/nc/347/0263-01" ] }, { "cite": "486 S.E.2d 735", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1997, "pin_cites": [ { "page": "738" } ], "opinion_index": 0 }, { "cite": "126 N.C. App. 800", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 11713506 ], "year": 1997, "pin_cites": [ { "page": "804" } ], "opinion_index": 0, "case_paths": [ "/nc-app/126/0800-01" ] }, { "cite": "360 N.C. 73", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 3792929, 3788866, 3790212, 3789894, 3791562, 3791637, 3788407, 3796378, 3797567 ], "year": 2005, "opinion_index": 0, "case_paths": [ "/nc/360/0073-04", "/nc/360/0073-05", "/nc/360/0073-07", "/nc/360/0073-08", "/nc/360/0073-06", "/nc/360/0073-09", "/nc/360/0073-02", "/nc/360/0073-01", "/nc/360/0073-03" ] }, { "cite": "171 N.C. App. 636", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8438878 ], "year": 2005, "pin_cites": [ { "page": "638" } ], "opinion_index": 0, "case_paths": [ "/nc-app/171/0636-01" ] }, { "cite": "535 S.E.2d 35", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1999, "opinion_index": 0 }, { "cite": "350 N.C. 312", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 131973, 132233, 132010, 132141, 132180 ], "year": 1999, "opinion_index": 0, "case_paths": [ "/nc/350/0312-05", "/nc/350/0312-02", "/nc/350/0312-01", "/nc/350/0312-03", "/nc/350/0312-04" ] }, { "cite": "510 S.E.2d 387", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 1999, "pin_cites": [ { "page": "388" }, { "page": "388" } ], "opinion_index": 0 }, { "cite": "132 N.C. App. 40", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 11236892 ], "weight": 2, "year": 1999, "pin_cites": [ { "page": "42" }, { "page": "42" } ], "opinion_index": 0, "case_paths": [ "/nc-app/132/0040-01" ] }, { "cite": "504 S.E.2d 571", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1998, "pin_cites": [ { "page": "574", "parenthetical": "holding that the oral rendition of an order in open court does not constitute entry of that order" } ], "opinion_index": 0 }, { "cite": "130 N.C. App. 751", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 11470348 ], "year": 1998, "pin_cites": [ { "page": "756", "parenthetical": "holding that the oral rendition of an order in open court does not constitute entry of that order" } ], "opinion_index": 0, "case_paths": [ "/nc-app/130/0751-01" ] }, { "cite": "311 S.E.2d 552", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1984, "pin_cites": [ { "page": "556" } ], "opinion_index": 0 }, { "cite": "310 N.C. 284", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 2402923 ], "year": 1984, "pin_cites": [ { "page": "290" } ], "opinion_index": 0, "case_paths": [ "/nc/310/0284-01" ] } ], "analysis": { "cardinality": 418, "char_count": 8042, "ocr_confidence": 0.73, "pagerank": { "raw": 4.03580807328026e-08, "percentile": 0.14733696829429052 }, "sha256": "43a2b341f44834453ce9224f81aa6a6c813cba41e2f54a836bef9f03beb85325", "simhash": "1:94aad320766b2c81", "word_count": 1415 }, "last_updated": "2023-07-14T18:49:09.394868+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges BRYANT and BEASLEY concur." ], "parties": [ "STATE OF NORTH CAROLINA v. ANDREW JACKSON OATES" ], "opinions": [ { "text": "STROUD, Judge.\nThis matter is before the Court on the State\u2019s appeal from a trial court\u2019s order allowing Andrew Jackson Oates\u2019s (\u201cdefendant\u201d) motion to suppress. As the State failed to give proper notice of appeal, we dismiss the State\u2019s appeal.\nI. Background\nOn 7 September 2007, a search warrant of defendant\u2019s residence was executed at 451 McKoy Street, Clinton, North Carolina. As a result of that search, defendant was found to be in possession of a firearm and, on 25 February 2008, he was indicted for one count of possession of a firearm by a convicted felon. On or about 19 November 2009, defendant filed a motion to suppress evidence seized by police as a result of the 7 September 2007 search of defendant\u2019s residence. Defendant\u2019s motion to suppress came on for hearing at the 14 December 2009 Criminal Session of Superior Court, Sampson County. In open court, the trial court granted defendant\u2019s motion to suppress. The State filed written notice of appeal from the trial court\u2019s order on 22 December 2009. On 22 March 2010, the trial court entered a written order granting defendant\u2019s motion to suppress.\nII. Notice of Appeal\nAlthough it is not raised by either party, the record before us presents an issue as to whether the State gave proper notice of appeal. N.C. Gen. Stat. \u00a7 15A-1445(b) (2009) states that \u201c[t]he State may appeal an order by the superior court granting a motion to suppress as provided in G.S. 15A-979.\u201d North Carolina Rule of Appellate Procedure 4(a), in pertinent part, states that\n[a]ny party entitled by law to appeal from a judgment or order of a superior or district court rendered in a criminal action may take appeal by\n(1) giving oral notice of appeal at trial, or\n(2) filing notice of appeal with the clerk of superior court . . . within fourteen days after entry of the judgment or order[.]\n(emphasis added). N.C. Gen. Stat. \u00a7 15A-101(4a) (2009) states that \u201cEntry of Judgment\u201d is defined as \u201cwhen sentence is pronounced,\u201d but in this case, there was no \u201csentence\u201d pronounced. Thus, N.C. Gen. Stat. \u00a7 15A-101(4a) does not establish when \u201centry of judgment\u201d occurs where a trial court grants a defendant\u2019s motion to suppress. Our Supreme Court has determined that N.C. Gen. Stat. \u00a7 15A-101(4a) is \u201csufficiently analogous\u201d to N.C. Gen. Stat. \u00a7 1A-1, Rule 58 \u201cto provide guidance\u201d in \u201cconstru[ing] G.S. \u00a7 15A-101(4a).\u201d State v. Boone, 310 N.C. 284, 290, 311 S.E.2d 552, 556 (1984). Accordingly, in the criminal context, we have stated that\n\u201c[e]ntry\u201d of an order occurs when it is reduced to writing, signed by the trial court, and filed with the clerk of court. West v. Marko, 130 N.C. App. 751, 756, 504 S.E.2d 571, 574 (1998) (holding that the oral rendition of an order in open court does not constitute entry of that order); cf. N.C.G.S. \u00a7 1A-1, Rule 58 (Supp. 1997) (providing that entry of judgment occurs \u201cwhen it is reduced to writing, signed by the judge, and filed with the clerk of court\u201d).\nState v. Gary, 132 N.C. App. 40, 42, 510 S.E.2d 387, 388, cert. denied, 350 N.C. 312, 535 S.E.2d 35 (1999). Therefore, N.C.R. App. P. 4(a) provides only two options for giving notice of appeal in a criminal case: (1) by giving \u201coral notice of appeal at trial\u201d or (2) by filing written notice of appeal \u201cwithin fourteen days after entry of the judgment or order\u201d which is when the court\u2019s order \u201cis reduced to writing, signed by the trial court, and filed with the clerk of court.\u201d If a party fails to give oral notice of appeal at trial, they must wait until the trial court\u2019s order or judgment is entered, as defined by Gary, and \u201cwithin fourteen days\u201d after entry, file written notice of appeal. See id\nAt defendant\u2019s hearing on his 14 December 2009 motion to suppress, the trial court made its ruling and had the following exchange with the State and defense counsel at the close of the hearing:\nThe Court: I\u2019m uncomfortable with it. I would have never signed it, not under the circumstances. I\u2019d have had to have more.\nI\u2019m going to enter the order suppressing. You can enter you [sic] notice of appeal. And you and [defense counsel] can have fun in Raleigh.\nThe State: Yes, sir.\nThe Court: All right.\nDefense Counsel: Thank you for hearing us. Your Honor.\nThe Court. All right.\nEven though the trial court said that the State could \u201center . . . notice of appeal[,]\u201d the State did not enter oral notice of appeal at that time. See N.C.R. App. P. 4(a)(1). The State subsequently filed written notice of appeal on 22 December 2009. However, the trial court\u2019s 14 December 2009 oral ruling did not amount to \u201centry of the . . . order[,]\u201d see N.C.R. App. P. 4(a)(2), as the order had not been \u201creduced to writing, signed by the trial court, and filed with the clerk of court.\u201d See Gary, 132 N.C. App. at 42, 510 S.E.2d at 388. It was not until 22 March 2010 that the trial court entered the order by filing its written order containing its findings of fact and conclusions of law. The record does not contain any written notice of appeal by the State filed \u201cwithin fourteen days after entry of the . . . order\u201d on 22 March 2010. See N.C.R. App. P. 4(a)(2). Accordingly, we must dismiss the State\u2019s appeal because it did not give proper notice of appeal and \u201cthis Court is without jurisdiction to hear the appeal.\u201d State v. McCoy, 171 N.C. App. 636, 638, 615 S.E.2d 319, 321, appeal dismissed, 360 N.C. 73, 622 S.E.2d 626 (2005). We also note that the State makes no request that we treat its brief as a petition for writ of certiorari. See N.C.R. App. P. 21(a) (providing that the writ of certiorari may be issued \u201cin appropriate circumstances\u201d to permit appellate review \u201cwhen the right to prosecute an appeal has been lost by failure to take timely action\u201d). Accordingly, we dismiss the State\u2019s appeal.\nDISMISSED.\nJudges BRYANT and BEASLEY concur.\n. N.C. Gen. Stat. \u00a7 15A-979(c) (2009) requires the State to submit a \u201ccertificate\u201d to the trial judge who granted the motion to suppress stating \u201cthat the appeal is not taken for the purpose of delay and that the evidence is essential to the case[,]\u201d and further states that \u201cappeal is to the appellate court that would have jurisdiction if the defendant were found guilty of the charge and received the maximum penalty.\u201d\n. We note that in the context of N.C.R. App. R 3(a), \u201c[a]ppeal in civil cases[,]\u201d this Court in Abels v. Renfro Corp., 126 N.C. App. 800, 804, 486 S.E.2d 735, 738, disc. rev. denied, 347 N.C. 263, 493 S.E.2d 450 (1997) stated that oral ruling or \u201crendering of an order commences the time when notice of appeal may be taken by filing and serving written notice\u201d and, therefore, \u201cappeal of a rendered order or judgment may be timely filed, [but] jurisdiction will not vest with this Court if judgment in substantial compliance with the judgment rendered is not subsequently entered.\u201d We believe it is inappropriate to apply this procedure in a criminal matter, as it has not previously been applied in a criminal setting, and N.C.R. App. P. 4(a)(1) specifically allows for oral notice of appeal at trial following the trial court\u2019s oral rendering of judgment in a criminal case. Oral notice of appeal after rendering of judgment is a method of appeal which is not available by rule or statute in a civil case. N.C.R. App. P. 4(a)(2) also mandates when written notice of appeal can be filed in a criminal case.", "type": "majority", "author": "STROUD, Judge." } ], "attorneys": [ "Attorney General Roy A. Cooper, III, by Assistant Attorney General Joan M. Cunningham, for the State.", "Anne Bleyman, for defendant-appellee." ], "corrections": "", "head_matter": "STATE OF NORTH CAROLINA v. ANDREW JACKSON OATES\nNo. COA10-725\n(Filed 6 September 2011)\nAppeal and Error \u2014 dismissal of appeal \u2014 failure to give proper notice\nThe State\u2019s appeal from the trial court\u2019s order allowing defendant\u2019s motion to suppress was dismissed based on failure to give proper notice of appeal. Further, the State made no request for its brief to be treated as a petition for writ of certiorari.\nAppeal by the State from order entered 22 March 2010 by Judge Russell J. Lanier, Jr. in Superior Court, Sampson County. Heard in the Court of Appeals 30 November 2010.\nAttorney General Roy A. Cooper, III, by Assistant Attorney General Joan M. Cunningham, for the State.\nAnne Bleyman, for defendant-appellee." }, "file_name": "0491-01", "first_page_order": 501, "last_page_order": 504 }