STATE v. PENNELL

No. 371PA13.

758 S.E.2d 383 (2014)

STATE of North Carolina, v. William Herbert PENNELL, IV.

Supreme Court of North Carolina.

June 12, 2014.


Attorney(s) appearing for the Case

Roy Cooper , Attorney General, by Robert C. Montgomery , Special Deputy Attorney General, and Joseph L. Hyde , Assistant Attorney General, for the State-appellant.

Staples S. Hughes , Appellate Defender, by Jason Christopher Yoder , Assistant Appellate Defender, for defendant-appellee.


BEASLEY, Justice.

We consider whether, on direct appeal from the activation of a suspended sentence, a defendant may challenge the jurisdictional validity of the indictment underlying his original conviction. Because a challenge to the validity of the original judgment constitutes an impermissible collateral attack, we hold that defendant's appeal was not proper. Accordingly, we reverse the decision of the Court of Appeals with respect to this issue.

Defendant...

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