§ 15A-1447. Relief available upon appeal. - North Carolina Statutes

§15A‑1447.  Relief available upon appeal.

(a)        If the appellatecourt finds that there has been reversible error which denied the defendant afair trial conducted in accordance with law, it must grant the defendant a newtrial.

(b)        If the appellatecourt finds that the facts charged in a pleading were not at the time charged acrime, the judgment must be reversed and the charge must be dismissed.

(c)        If the appellatecourt finds that the evidence with regard to a charge is insufficient as amatter of law, the judgment must be reversed and the charge must be dismissedunless there is evidence to support a lesser included offense. In that case thecourt may remand for trial on the lesser offense.

(d)        If the appellatecourt affirms only some of the charges, or if it finds error relating only tothe sentence, it may direct the return of the case to the trial court for theimposition of an appropriate sentence.

(e)        If the appellatecourt affirms one or more of the charges, but  not all of them, and makes afinding that the sentence is sustained by the charge or charges which areaffirmed and is appropriate, the court may affirm the sentence.

(f)         If the appellatecourt finds that there is an error with regard to the sentence which may becorrected without returning the case to the trial division for that purpose, itmay direct the entry of the appropriate sentence.

(g)        If the appellatecourt finds that there has been reversible error and the rule against doublejeopardy prohibits further prosecution, it must dismiss the charges withprejudice. (1977, c. 711, s. 1.)