§ 20-38.7. Appeal to superior court.
§ 20‑38.7. Appeal tosuperior court.
(a) The State mayappeal to superior court any district court preliminary determination grantinga motion to suppress or dismiss. If there is a dispute about the findings offact, the superior court shall not be bound by the findings of the districtcourt but shall determine the matter de novo. Any further appeal shall begoverned by Article 90 of Chapter 15A of the General Statutes.
(b) The defendant maynot appeal a denial of a pretrial motion to suppress or to dismiss but mayappeal upon conviction as provided by law.
(c) Notwithstanding theprovisions of G.S. 15A‑1431, for any implied‑consent offense thatis first tried in district court and that is appealed to superior court by thedefendant for a trial de novo as a result of a conviction, the sentence imposedby the district court is vacated upon giving notice of appeal. The case shallonly be remanded back to district court with the consent of the prosecutor andthe superior court. When an appeal is withdrawn or a case is remanded back todistrict court, the district court shall hold a new sentencing hearing andshall consider any new convictions.
(d) Following a newsentencing hearing in district court pursuant to subsection (c) of thissection, a defendant has a right of appeal to the superior court only if:
(1) The sentence isbased upon additional facts considered by the district court that were notconsidered in the previously vacated sentence, and
(2) The defendant wouldbe entitled to a jury determination of those facts pursuant to G.S. 20‑179.
A defendant who has a right ofappeal under this subsection, gives notice of appeal, and subsequentlywithdraws the appeal shall have the sentence imposed by the district courtreinstated by the district court as a final judgment that is not subject tofurther appeal. (2006‑253,s. 5; 2007‑493, s. 9; 2008‑187, s. 10.)