STATE OF NORTH CAROLINA
v. Mecklenburg County
No. 98 CRS 19481
KENNETH LESTER GETZ
Attorney General Roy Cooper, by Assistant Attorney General
Allison S. Corum, for the State.
The Law Firm of Charles L. Alston, Jr., by Charles L. Alston,
Jr. for defendant appellant.
BRYANT, Judge.
Defendant appeals from the denial of his motion for
appropriate relief. The State has moved to dismiss the appeal.
The record on appeal does not contain the motion for appropriate
relief or a transcript of the motion hearing. Moreover, the trial
court's order summarily denies the motion without elaboration as to
any claims raised by defendant therein. Therefore, we are unable
to review the trial court's order upon the materials put before us
by defendant. Under N.C.R. App. P. 9(a), review is solely upon
the record on appeal and the verbatim transcript of proceedings, if
one is designated." It is the duty of appellants to see that the
record is complete. Collins v. Talley, ___ N.C. App. ___, 553S.E.2d 101 (2001). Accordingly, the appeal is dismissed. In
addition, we note that no appeal of right lies from a motion for
appropriate relief filed more than ten days after entry of
judgment. See N.C.G.S. § 15A-1414 and § 15A-1422(b) (1999).
Defendant seeks to raise an additional issue related to the
jury instructions given at his criminal trial in February of 2000.
The record reflects defendant's convictions for assault on a child
under twelve years of age and false imprisonment for which he
received suspended sentences and probation. Defendant never filed
notice of appeal from these judgments, which were entered on 3
February 2000. See N.C.R. App. P. 4(a)(2) (requiring such notice
to be filed within ten days after entry of judgment). The notice
of appeal in the record before us designates for review only Judge
Patti's 16 June 2000 order denying defendant's motion for
appropriate relief. See N.C.R. App. P. 4(b) (providing that notice
of appeal shall designate the judgment or order from which appeal
is taken). Without proper notice of appeal, this Court acquires
no jurisdiction. Brooks, Com'r of Labor v. Gooden, 69 N.C. App.
701, 707, 318 S.E.2d 348, 352 (1984). This issue is not properly
before us.
Motion to dismiss allowed; appeal dismissed.
Judges WYNN and THOMAS concur.
Report per Rule 30(e).
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