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STATE v. HUNTLEY

No. 9126SC331.

414 S.E.2d 380 (1992)

105 N.C. App. 709

STATE of North Carolina v. Loren David HUNTLEY, a/k/a David Lee Hunter.

Court of Appeals of North Carolina.

March 17, 1992.

Attorney(s) appearing for the Case

Attorney Gen. Lacy H. Thornburg by Sp. Deputy Atty. Gen. Isaac T. Avery, III, Raleigh, for the State.

Goodman, Carr, Nixon & Laughrun by George V. Laughrun, II, Charlotte, for defendant-appellant.

EAGLES, Judge.

Defendant first argues that the superior court lacked jurisdiction to hear the State's appeal from the district court's order dismissing the charges against the defendant because the State did not have a valid judgment from which to appeal. This argument is without merit.

G.S. 15A-1432 provides in pertinent part: (a) Unless the rule against double jeopardy prohibits further prosecution, the State may appeal from the district court...

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