243 N.C. App. 746
N.C. Ct. App.2015Background
- On Jan 1, 2013, Deputy Myers found Ledbetter slumped in her car, administered sobriety tests (HGN, one-leg stand, walk-and-turn) showing multiple impairment indicators; a portable breath test was negative. Ledbetter admitted taking Xanax and oxymorphone and was arrested for DWI.
- After a blood draw, Magistrate Wyrick found probable cause to detain Ledbetter as an impaired driver, entered only the terse finding "BLOOD TEST," and did not give her Form AOC-271 (the implied-consent witness/observation notice).
- Ledbetter called acquaintances from the jail and was released into the custody of a sober adult a few hours later. She moved to dismiss under N.C. Gen. Stat. § 20-38.4 and State v. Knoll, arguing the magistrate failed to make adequate findings and failed to give Form AOC-271, depriving her of access to witnesses.
- The trial court denied the motion to dismiss; Ledbetter pled guilty but reserved the right to appeal the denial of her motion to dismiss/suppress.
- The Court of Appeals held Ledbetter lacked a statutory right to appeal after pleading guilty because her motion was a motion to dismiss (not a motion to suppress) and therefore was not one of the limited grounds for appeal from a guilty plea; it also denied certiorari because Appellate Rule 21 did not authorize the requested review and the panel would not suspend Rule 21 under Rule 2.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Right to appeal after guilty plea | State: No statutory right to appeal a denial of a motion to dismiss after a guilty plea | Ledbetter: She reserved the right to appeal the denial of her motion to dismiss/suppress as part of her plea | Held: No appeal as of right — motion was to dismiss (§15A-954), not a suppressible ruling under §15A-979 or the appeal grounds in §15A-1444 |
| Whether motion was a motion to suppress | State: Record shows only a motion to dismiss citing §15A-954 | Ledbetter: Plea paperwork and transcript styled as dismiss/suppress; she sought review of magistrate procedures (Knoll) | Held: Only a motion to dismiss was filed; §15A-979(b) (appeal from denial of motion to suppress) does not apply |
| Writ of certiorari jurisdiction under §15A-1444(e) vs. Appellate Rule 21 | Ledbetter: §15A-1444(e) permits petition for certiorari after guilty plea and this Court should exercise it | State: Appellate Rule 21 limits certiorari grants to specific grounds; Rule 21 controls over conflicting statutes | Held: Petition for certiorari denied — Rule 21(a)(1) does not set forth the grounds Ledbetter asserts, and the panel declined to suspend Rule 21 under Rule 2 |
| Whether to suspend Appellate Rule 21 under Rule 2 | Ledbetter: Exceptional circumstances (Knoll violation affecting witness access) justify suspending Rule 21 | State: No exceptional circumstances; appellate rules prevail and limits cannot be enlarged | Held: Court declined to invoke Rule 2 — no manifest injustice or public-interest reason to suspend Rule 21; appeal dismissed |
Key Cases Cited
- State v. Ahearn, 307 N.C. 584 (N.C. 1983) (recognized certiorari review of issues not enumerated as appeals of right after guilty plea)
- State v. Bolinger, 320 N.C. 596 (N.C. 1987) (court may grant certiorari to review acceptance of plea issues not reviewable as of right)
- State v. Bennett, 308 N.C. 530 (N.C. 1983) (appellate rules promulgated by the Supreme Court control over conflicting statutes)
- State v. Oglesby, 361 N.C. 550 (N.C. 2007) (striking a rule to the extent it conflicted with an appellate rule)
- State v. Rinehart, 195 N.C. App. 774 (N.C. Ct. App. 2009) (denial of motions to dismiss not appealable after guilty plea)
- State v. Pimental, 153 N.C. App. 69 (N.C. Ct. App. 2002) (defendant’s right to appeal in criminal cases is statutory and limited)
- State v. O'Neal, 116 N.C. App. 390 (N.C. Ct. App. 1994) (treated appeal as certiorari for a plea-related pretrial issue and reviewed merits)