Bill Summary for S 182 (2013-2014)
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| View NCGA Bill Details | 2013-2014 Session |
A BILL TO BE ENTITLED AN ACT TO ELIMINATE APPEALS FOR INFRACTIONS, TO MODIFY APPEALS TO THE SUPERIOR COURT IN PROBATION REVOCATIONS IN WHICH THE DEFENDANT HAS WAIVED A HEARING, TO AMEND THE LAW PERTAINING TO RESENTENCING UPON THE REVERSAL OF A SENTENCE ON APPELLATE REVIEW, TO MAKE CHANGES REGARDING THE PROCEDURES FOR A MOTION FOR APPROPRITE RELIEF, AND TO RECLASSIFY CERTAIN MISDEMEANORS AS INFRACTIONS.Intro. by Brunstetter.
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Bill summary
Amends GS 7A-290, providing that defendants that plead guilty or no contest to a misdemeanor in district court, pursuant to GS 15A-1431.1, waive the right to trial de novo in superior court and can only appeal the decision to the Court of Appeals (was, any defendant convicted in district court could appeal to superior court for trial de novo).
Amends GS 15A-1115, only allowing a person who denies responsibility but is found responsible for an infraction in district court to, within 10 days of the hearing, appeal the decision to the Court of Appeals (was, can appeal to the criminal division of superior court for hearing de novo).
Amends GS 15A-1347, stating when a district court judge, as a result of a finding of a violation of probation, activates a sentence or imposes special probation, the defendant can only appeal to the Court of Appeals (was, superior court for trial de novo).
Amends GS 15A-1431(b), stating that except provided in GS 15A-1431.1, a defendant convicted in district court can only appeal to the superior court for trial de novo with a jury, as provided by law. Deletes technical language concerned with the jurisdiction of superior court and plea agreements.
Amends GS Chapter 15A by adding new GS 15A-1431.1, referred to above, Guilty pleas to misdemeanors in district court; appeals, which provides that defendants who plead guilty or no contest to a misdemeanor in district court waive the right to trial de novo in superior court and may appeal the decision to the Court of Appeals. Also, provides that GS 15A-1021, 15A-1022, 15A-1023, 15A-1024, and 15A-1025, relating to guilty pleas in superior court, are applicable to guilty pleas entered in district court, to the extent that those provisions apply to misdemeanors. GS 15A-1026, as far as it deals with the making and preserving of a record of proceedings, also applies to guilty pleas to misdemeanors entered in district court.
Amends GS 15A-1444(a2), deleting in superior court limitation for appeal.
Effective December 1, 2013, applying to acts committed on or after that date.