State v. Zubiena, ___ N.C. App. ___, 796 S.E.2d 40 (Dec. 30, 2016)

Over a dissent, the court held that it had jurisdiction to consider the defendant’s appeal under G.S. 15A-1444(e). After the trial court announced the sentence in open court, defense counsel indicated that the defendant would like to strike her plea because she would like “to take it to trial.” The court declined to strike the plea and the defendant appealed. The court held that notwithstanding State v. Carriker, 180 N.C. App. 470 (2006), under G.S. 15A-1444(e) and State v. Dickens, 299 N.C. 76 (1980), a defendant has a right to appeal when a motion to withdraw a guilty plea has been denied.

There was dissenting opinion in this case.