Smith's Criminal Case Compendium
Table of Contents
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Blocker, 219 N.C. App. 395 (Mar. 6, 2012)
The trial court abused its discretion by summarily denying the defendant’s motion under G.S. 15A-980 for suppression, in connection with sentencing, of a prior conviction which the defendant alleged was obtained in violation of her right to counsel. The trial court dismissed the motion as an impermissible collateral attack on a prior conviction that only could be raised by motion for appropriate relief. Relying on a prior unpublished opinion, the court held that although the defendant “could not seek to overturn her prior conviction” on this basis, G.S. 15A-980 gave her “the right to move to suppress that conviction’s use in this case.”