State v. BiddixÂ, 244 N.C. App. 482

On May 20, 2014, Mark Allan Biddix pleaded guilty in Catawba County to multiple methamphetamine-related felonies and admitted one statutory aggravating factor; plea colloquy informed him of sentencing range and court discretion.
A written "Plea Arrangement" attached to the transcript waived Biddix's right to appeal except for limited grounds (ineffective assistance, prosecutorial misconduct, sentence above statutory maximum, or sentence based on unconstitutional factor); it also stated the State would not oppose a consolidated active sentence and would not seek aggravating factors.
At sentencing the trial court consolidated convictions, found the stipulated aggravating factor, found one mitigating factor, and sentenced Biddix in the aggravated range (100–132 months); no objection was made in the trial court.
Biddix appealed, arguing his guilty plea was not a product of informed choice because of contradictory written plea terms; he sought review by writ of certiorari under N.C. Gen. Stat. § 15A-1444(e).
The Court of Appeals concluded Biddix has no statutory appeal right on the voluntariness issue, Appellate Rule 21 does not authorize certiorari for this issue, and the panel declined under Appellate Rule 2 to suspend Rule 21; the petition for certiorari was denied and the appeal dismissed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether defendant may obtain appellate review by certiorari of voluntariness/informed-plea claim after guilty plea	State: No statutory right to appeal; Rule 21 limits certiorari and defendant did not invoke Rule 21 grounds	Biddix: § 15A-1444(e) permits certiorari review of guilty-plea challenges; plea terms are contradictory undermining informed choice	Denied: No statutory right under § 15A-1444(a2); Rule 21 does not list voluntariness as certiorari ground; Court declined to invoke Rule 2 to suspend Rule 21, so certiorari denied and appeal dismissed

State v. Pimental, 153 N.C. App. 69 (N.C. Ct. App.) (defendant has no right to appeal absent statutory authority)
State v. Bolinger, 320 N.C. 596 (N.C.) (issues about trial court's acceptance of guilty plea require certiorari)
State v. Stubbs, 368 N.C. 40 (N.C.) (Court of Appeals has jurisdiction to hear certiorari appeals the legislature authorizes; Rule cannot strip statutory jurisdiction)
State v. Bennett, 308 N.C. 530 (N.C.) (discussion of interplay between statutes and appellate rules on preservation/procedure)
State v. Elam, 302 N.C. 157 (N.C.) (similar on statutes vs. appellate rules and preservation)
State v. Ahearn, 307 N.C. 584 (N.C.) (treating a claim as a certiorari petition when considering guilty-plea acceptance)
State v. Jones, 161 N.C. App. 60 (N.C. Ct. App.) (apportioning Rule 21 limitations on issuing certiorari)
State v. Rhodes, 163 N.C. App. 191 (N.C. Ct. App.) (Court of Appeals previously granted certiorari to review plea procedures)
State v. Demaio, 216 N.C. App. 558 (N.C. Ct. App.) (Court of Appeals previously granted certiorari on informed-plea claim)