State v. Rogers, ___ N.C. App. ___, 808 S.E.2d 156 (Nov. 7, 2017)

The court rejected the defendant’s argument that his plea was not knowing and voluntary because the trial court erroneously advised him that he had the right to appeal a denial of the defendant’s pro se motion to dismiss. The motion to dismiss was based on lack of subject matter and personal jurisdiction and asserted as its basis the fact that the defendant was a Sovereign Citizen. The defendant agreed to plead guilty pursuant to a plea agreement. The trial court advised him of the maximum possible punishment and the defendant stated that he entered the plea of his own free will. The trial court told the defendant that he would have the right to appeal the ruling denying the pro se motion to dismiss. The court agreed with the defendant that the trial court erroneously advised him that he had the right to appeal the denial of his pro se motion to dismiss after entering his plea. However, the court found that any error was harmless, noting that the defendant’s motion to dismiss failed to present a coherent, legally recognized challenge the trial court’s jurisdiction.

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