State v. DEMAIO, 216 N.C. App. 558

Defendant pled guilty by Alford plea to obtaining a controlled substance by fraud and to trafficking by possession of more than fourteen and less than twenty-eight grams of opium.
Plea occurred after substantial State proof; plea was part of a plea bargain preserving a narrow right to appeal certain motions.
Defendant argued the trial court erred by (a) lacking a factual basis for the plea and (b) not ensuring the plea was an informed, voluntary choice.
The case proceeded in Chatham County Superior Court; the trial court denied motions to dismiss and to limit expert testimony, and the plea was accepted.
The State filed certiorari responses; the Court granted certiorari to review the plea procedures under Bolinger, recognizing limited appellate review for guilty pleas.
The court vacated the judgment and remanded, finding Defendant did not receive the benefit of his plea bargain and that remedy is to either withdraw the plea or renegotiate.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Defendant had a right to appeal guilty-plea procedures	Bolinger permits certiorari review of plea procedures.	Appeal rights were not required; certiorari is needed to challenge plea procedures.	Grant certiorari; review permitted.
Whether the plea was the product of informed choice and benefited from the bargain	Defendant preserved right to appeal denials of motions within plea.	There was no real benefit because the bargain could not be realized.	Plea bargain violated law; Defendant must be restored position before bargain.
Whether a factual basis for the plea was established	Factual basis exists for the plea as framed.	Factual basis and the bargain were intertwined with the mis-provisioned remedy.	Court did not address merits of factual-basis issue; remedy is vacatur and remand.

State v. Bolinger, 320 N.C. 596 (1987) (limits appellate review of guilty-plea challenges to certiorari proceeds)
State v. Jamerson, 161 N.C.App. 527 (2003) (describes permissible appeal under certain plea contexts)
State v. Jones, 161 N.C.App. 60 (2003) (preservation of appeal rights in plea bargains; authority limits)
Wall v. State, 348 N.C. 671 (1998) (benefit of bargain and appellate review considerations)
State v. Rinehart, 195 N.C.App. 774 (2009) (dismissal of appeals from plea bargains; double jeopardy/ speedy trial context)
State v. Rhodes, 163 N.C.App. 191 (2004) (follow Bolinger when reviewing plea procedures under certiorari)
State v. Smith, 193 N.C.App. 739 (2008) (plea agreement preserving appellate review must comply with law)