{"data":{"id":"us-nc/n.c.-gen.-stat.-15a-1445","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 15A-1445","heading":"Appeal by the State.","body":"(a)\tUnless the rule against double jeopardy prohibits further prosecution, the State may appeal from the superior court to the appellate division:\n(1)\tWhen there has been a decision or judgment dismissing criminal charges as to one or more counts.\n(2)\tUpon the granting of a motion for a new trial on the ground of newly discovered or newly available evidence but only on questions of law.\n(3)\tWhen the State alleges that the sentence imposed:\na.\tResults from an incorrect determination of the defendant's prior record level under G.S. 15A-1340.14 or the defendant's prior conviction level under G.S. 15A-1340.21;\nb.\tContains a type of sentence disposition that is not authorized by G.S. 15A-1340.17 or G.S. 15A-1340.23 for the defendant's class of offense and prior record or conviction level;\nc.\tContains a term of imprisonment that is for a duration not authorized by G.S. 15A-1340.17 or G.S. 15A-1340.23 for the defendant's class of offense and prior record or conviction level; or\nd.\tImposes an intermediate punishment pursuant to G.S. 15A-1340.13(g) based on findings of extraordinary mitigating circumstances that are not supported by evidence or are insufficient as a matter of law to support the dispositional deviation.\n(b)\tThe State may appeal an order by the superior court granting a motion to suppress as provided in G.S. 15A-979. (1977, c. 711, s. 1; 1993, c. 538, s. 28; 1994, Ex. Sess., c. 14, s. 28, c. 24, s. 14(b).)","path":["Chapter 15A. Criminal Procedure Act.","SUBCHAPTER XIV. CORRECTION OF ERRORS AND APPEAL.","Article 91. Appeal to Appellate Division."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-1445.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T17:56:42Z","sha256":"6decb1065892e2da030c2e20d43ecd9ff4dd55e3c325153daa825301c91f8f7a","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-15a-1444","next":"us-nc/n.c.-gen.-stat.-15a-1446"},"notice":"GroundRules: Original legal text. Not legal advice."}