State v. Mangum, ___ N.C. App. ___, ___ S.E.2d ___ (Mar. 3, 2020)

Over a dissent and with one judge concurring in result only, the court determined that the trial court erred by failing to give the defendant an opportunity to be heard on the issue attorney’s fees prior to entering a civil judgment against him.  Among several procedural issues in this case was whether the defendant had a right to appeal the judgment given that he had pleaded guilty and G.S. 15A-1444 limits appeals from guilty pleas.  Citing State v. Pell, 211 N.C. App. 376 (2011), the court held that the appeal of the civil judgment did “not arise from the underlying convictions” and, therefore, G.S. 15A-1444(a2) did not deprive the court of jurisdiction.  Because of issues caused by the defendant’s filing of the record on appeal prior to the time at which the civil judgment was filed, the court engaged in a lengthy discussion of the Rules of Appellate Procedure, as well as principles of law regarding petitions for writs of certiorari, on its way to determining that it had jurisdiction to address the merits of the appeal, either upon direct appeal or by certiorari.

Judge Berger concurred in result only, stating that “anyone interested in efficiencies and saving taxpayer dollars should hope the Supreme Court of North Carolina takes advantage of this opportunity to return us to the plain language of [G.S.] 15A-1444(a2).”

Judge Tyson dissented, expressing the view that because of the defendant’s various “jurisdictional failures and criminal, civil, and appellate rules violations” he had failed to invoke the jurisdiction of the court, as well as the view that the defendant’s petition for certiorari should have been denied for lacking merit.  Judge Tyson agreed with Judge Berger’s hope that the state supreme court would “return us to the plain language of [G.S.] 15A-1444(a2).”