My daughter is awfully fond of this expression (when applied to one of her brothers, of course). Turns out it also is apropos for this week’s court of appeals decision in State v. Shaw. Facts. The defendant in Shaw pled guilty to misdemeanor DWI in superior court. The trial court found one grossly aggravating factor, a prior conviction within seven years before the current offense, and imposed a Level Two punishment. Shaw was unhappy with this finding as the State had never provided her with notice of its intent to prove an aggravating factor as required by G.S. 20-179(a1). Thus, Shaw appealed her conviction to the court of appeals. Holding. The court of appeals dismissed Shaw’s appeal on the basis that she had no statutory right to appeal. G.S. 15A-1444, which affords a defendant convicted of a crime in superior court the right to appeal in certain circumstances, did not apply to the defendant’s appeal from a judgment entered upon her plea of guilty to a misdemeanor impaired driving, an offense sentenced under G.S. 20-179 rather than the Structured Sentencing Act. Analysis. G.S. 15A-1444(e) provides that a defendant who pleads guilty or no contest to a criminal charge in superior court generally is not entitled to appellate review as a matter of right. There are exceptions. A defendant who has filed a motion to withdraw his or her plea of guilty or no contest and whose motion has been denied may appeal to the court of appeals as a matter of right. [...]
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