State v. Mayo, ___ N.C. App. ___, 823 S.E.2d 656 (Jan. 15, 2019)

(1) In this case where the defendant pleaded guilty to felony speeding to elude arrest pursuant to a plea arrangement, he had no statutory right to appeal. 

(2) However, the court considered the defendant’s petition for writ of certiorari which argued that he did not receive notice and an opportunity to be heard on the amount of attorney’s fees and costs. The court noted that a criminal defendant may file a petition for a writ of certiorari to appeal a civil judgment for attorney’s fees and costs. Here, after the defendant pleaded guilty to felony speeding to elude arrest he was sentenced and the trial court ordered him to pay court costs in the amount of $1,572.50. Before entering monetary judgments against indigent defendants for fees imposed for court appointed counsel, the trial court should ask defendants personally whether they wish to be heard on the issue. Absent a colloquy directly with the defendant, the requirements of notice and opportunity to be heard will be satisfied only if there is other evidence in the record demonstrating that the defendant received notice, was aware of the opportunity to be heard, and chose not to be heard. Here, nothing in the record indicated that the defendant understood he had a right to be heard on the issue, and the trial court did not inform him of that right. The court thus vacated the civil judgment for attorney’s fees and remanded to the trial court.