State v. Miller, 243 N.C. App. 660 (Oct. 20, 2015)

Where the defendant pleaded guilty in this DWI case “and preserved his right to appeal” the denial of his motion to dismiss, the court found that the defendant had no statutory right to appeal the issue or ground to request review by way of certiorari. The defendant’s motion alleged that he was denied his constitutional right to communicate with counsel and friends and gather evidence on his behalf by allowing friends or family to observe him and form opinions as to his condition. The court thus dismissed the appeal without prejudice to the defendant’s right to pursue relief by way of a MAR.