State v. Stubbs, 368 N.C. 40 (Apr. 10, 2015)

Under G.S. 15A-1422, the court of appeals had subject matter jurisdiction to review the State’s appeal from a trial court’s order granting the defendant relief on his motion for appropriate relief. The court rejected the defendant’s argument that Appellate Rule 21 required a different conclusion. In the decision below, State v. Stubbs, 232 N.C. App. 274 (2014), the court of appeals held, over a dissent that the trial court erred by concluding that the defendant’s sentence of life in prison with the possibility of parole violated of the Eighth Amendment.