§ 15A-1432. Appeals by State from district court judge. - North Carolina Statutes

§15A‑1432.  Appeals by State from district court judge.

(a)        Unless the ruleagainst double jeopardy prohibits further prosecution, the State may appealfrom the district court judge to the superior court:

(1)        When there has beena decision or judgment dismissing criminal charges as to one or more counts.

(2)        Upon the granting ofa motion for a new trial on the ground of newly discovered or newly availableevidence but only on questions of law.

(b)        When the Stateappeals pursuant to subsection (a) the appeal  is by written motion specifyingthe basis of the appeal made within 10 days after the entry of the judgment inthe district court. The motion must be filed with the clerk and a copy servedupon the defendant.

(c)        The motion may beheard by any judge of superior court having authority for the trial of criminalcases in the district. The State and the defendant are entitled to file briefsand are entitled to adequate time for their preparation, consonant with theexpeditious handling of the appeal.

(d)        If the superiorcourt finds that a judgment, ruling, or order dismissing criminal charges inthe district court was in error, it must reinstate the charges and remand thematter to district court for further proceedings. The defendant may appeal thisorder to the appellate division as in the case of other orders of the superiorcourt, including by an interlocutory appeal if the defendant, or his attorney,certifies to the superior court judge who entered the order that the appeal isnot taken for the purpose of delay and if the judge finds the cause isappropriately justiciable in the appellate division as an interlocutory matter.

(e)        If the superiorcourt finds that the order of the district court was correct, it must enter anorder affirming the judgment of the district court. The State may appeal theorder of the superior court to the appellate division upon certificate by thedistrict attorney to the judge who affirmed the judgment that the appeal is nottaken for the purpose of delay. (1977, c. 711, s. 1; 1987, c.398.)