Case Summaries: N.C. Court of Appeals (Feb. 4, 2026)

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on February 4, 2026. Superior court did not lack jurisdiction when misdemeanor charge was initiated by presentment; State's evidence of misdemeanor death by vehicle did not vary from the indictment. State v. Gibbon, No. COA25-415 (N.C. Ct. App. Feb. 4, 2026) (Buncombe County). The defendant was speeding on a mountain road, lost control of the vehicle, and crashed into a tree, killing a passenger. The grand jury returned a presentment, and the defendant was charged by indictment with misdemeanor death by vehicle under G.S. 20-141.4 with a predicate offense of failure to maintain lane under G.S. 20-146(a). The defendant was convicted by a jury and appealed. Before the Court of Appeals, the defendant argued: (1) the superior court lacked original jurisdiction to try him for a misdemeanor, and (2) there was a fatal variance between the indictment and the evidence. Addressing the first issue, the Court of Appeals noted the superior court has original jurisdiction to try a misdemeanor when, among other circumstances, the charge is initiated by presentment. G.S. 7A-271(a)(2). When the grand jury returns a presentment, the district attorney must investigate the factual background and submit bills of indictment when appropriate. G.S. 15A-641(c). Here, the defendant’s indictment was returned only after the grand jury had returned a presentment. The prosecutor’s investigation consisted of reviewing the case file to prepare the indictment. The Court of Appeals rejected the defendant’s argument that the investigation language of [...]