STATE v. LINEMANN

No. COA98-1515.

522 S.E.2d 781 (1999)

STATE of North Carolina v. Walter LINEMANN.

Court of Appeals of North Carolina.

December 7, 1999.


Attorney(s) appearing for the Case

Attorney General Michael F. Easley, by Associate Attorney General Christopher W. Brooks, for the State.

Kelly & Kelly, by George E. Kelly, III, Raleigh, for defendant-appellant.


HUNTER, Judge.

Walter Linemann ("defendant") appeals the order of superior court wherein it granted the State's motion for appropriate relief. We vacate on the basis that the superior court did not have jurisdiction.

First, we note that defendant does not have a right to appeal from the order of the superior court to this Court. Article 91 of the North Carolina General Statutes, entitled "Appeal to Appellate Division," indicates when a defendant in a criminal...

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