Braswell

Update: The court of appeals has withdrawn this opinion. I’ve had quite a few questions about the court of appeals’ recent decision in State v. Braswell, a case that imposes new procedural requirements on the state in certain misdemeanor appeals. This post will summarize and assess Braswell and will briefly address the prospects for further review. The defendant in Braswell was driving while impaired, hit another vehicle, and sped off. He was eventually apprehended and charged with DWI and leaving the scene of an accident. He pled guilty to the DWI in district court, in exchange for dismissal of the hit and run charge. He appealed to superior court, the hit and run charge was reinstated, and he was convicted of both offenses. The defendant then sought review in the court of appeals. The portion of the court of appeals’ ruling that has generated controversy is the holding that the hit and run charge was not properly before the superior court: “The State, Defendant and the trial court proceeded as if the State had indicted Defendant on the charge of leaving the scene of the accident, however, there is no such indication in the record. Our reading of [State v. Fox, 34 N.C. App. 576 (1977)] requires the State to, if it wishes to proceed on this charge, indict Defendant on the charge that was formally dismissed pursuant to the plea agreement.” Based on the foregoing, the court of appeals vacated the hit and run conviction. Interestingly, the jurisdictional issue was [...]