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The Court of Appeals granted the defendant’s petition for writ of certiorari, and held that the lower courts erred and the MAR should have been granted. The purported modification to the quotation impermissibly modified the nature of the offense as a result of larceny and shoplifting are separate crimes with totally different parts. “Thus, the modification was not legally permissible and deprived the district court docket of jurisdiction to enter judgment in opposition to Defendant.” The Court of Appeals reversed the superior courtroom’s denial of the petition for writ of certiorari and vacated the shoplifting judgment.
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The defendant entered a responsible plea to a lesser cost of shoplifting underneath G.S. 14-72.1, but later filed an MAR in district court docket arguing that the modification was improper and the courtroom lacked material jurisdiction to enter judgment. The district court denied the MAR, and the superior court denied defendant’s petition for writ of certiorari to evaluate the denial.
A divided Court of Appeals held that the superior courtroom lacked jurisdiction to strive the costs amended through the statement of costs, reasoning that under the language of G.S. 15A-922(e), an announcement of charges could also be filed after arraignment only if the defendant objects to the State’s authentic pleading. The State appealed and the Supreme Court reversed, reinstating the convictions.
He was convicted in district courtroom and appealed to superior courtroom. … Read More
