State v. White, 213 N.C. App. 181 (Jul. 5, 2011)

The trial court erred by accepting a plea agreement that attempted to preserve the defendant’s right to appeal the trial court’s adverse ruling on his motion to dismiss a felon in possession of a firearm charge on grounds that the statute was unconstitutional as applied. Because a defendant has no right to appeal such a ruling, the court vacated the plea and remanded. A dissenting judge would have dismissed the appeal entirely because of the defendant’s failure to include a copy of his written motion to dismiss and suppress in the record.