State v. Bradsher, 275 N.C.App. 715, 852 S.E.2d 716 (Dec. 31, 2020)

The Court of Appeals previously published an opinion in this case on October 6, 2020, and a summary of that opinion is available here. As noted in the earlier summary, the defendant was convicted of several charges including two counts of obtaining property by false pretenses – one count based on a theory of acting in concert, and another count based on aiding and abetting. Since the same evidence supported both false pretenses counts, raising double jeopardy concerns, the trial court arrested judgment on the acting in concert count and only entered judgment on the aiding and abetting count. In this revised opinion, the appellate court added a discussion of the defendant’s ability to appeal from that arrested judgment. Citing to State v. Pulaski, 326 N.C. 434 (1990), the court explained that an arrest of judgment can have the effect of vacating the verdict in some cases, such as when a judgment is arrested due to a fatal flaw in the indictment. But when a judgment is arrested only to avoid double jeopardy concerns, it remains on the docket and can be revisited on remand. In this case, since judgment on the acting in concert count was arrested only because of double jeopardy concerns, the defendant’s appeal as to that count was from a “final judgment” and therefore properly before the appellate court.