Smith's Criminal Case Compendium
Table of Contents
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Demaio, 216 N.C. App. 558 (Nov. 1, 2011)
The defendant’s plea agreement impermissibly sought to preserve the right to appeal adverse rulings on his motions to dismiss and in limine when no right to appeal those rulings in fact existed. The court remanded, instructing that the defendant may withdraw his guilty plea and proceed to trial or attempt to negotiate another plea agreement that does not violate the law.