STATE OF NORTH CAROLINA
v. Davidson County
No. 01 CrS 6132
KENNETH WAYNE GARDNER
Attorney General Roy Cooper, by Assistant Attorney General
Deborrah L. Newton, for the State.
Haakon Thorsen for defendant-appellant.
MARTIN, Judge.
Defendant appeals from a judgment entered upon his plea of no
contest to escape from the state prison system and habitual felon
status. In his brief defendant contends: (1) the trial court
erred by accepting his plea to habitual felon status on the ground
no evidence was presented of any qualifying convictions; and (2) he
was denied effective assistance of counsel because counsel was not
prepared for trial. Alternatively, he seeks review of these issues
by a petition for a writ of certiorari.
When a defendant pleads guilty or no contest, appellate review
of right is circumscribed to certain narrow issues related to
sentencing, to review of the denial of a motion to suppress, or to
review of the denial of a motion to withdraw a plea. State v.Pimental, 153 N.C. App. 69, 568 S.E.2d 867, disc. review denied,
356 N.C. 442, 573 S.E.2d 163 (2002). Because the issues defendant
purports to raise do not fall within these confines, defendant is
not entitled to appellate review of them and the appeal must be
dismissed. Id. at 76, 568 S.E.2d at 871-72. With respect to
defendant's petition for a writ of certiorari, our authority to
issue a writ of certiorari is limited to: (1) when the right to
prosecute an appeal has been lost by failure to take timely action,
(2) when no right of appeal exists from an interlocutory order, or
(3) when review is sought of an order denying a motion for
appropriate relief. Id. at 76-77, 568 S.E.2d at 872. None of
these situations is present in the case at bar. We are therefore
compelled to deny the petition for writ of certiorari.
Dismissed.
Judges McCULLOUGH and CALABRIA concur.
Report per Rule 30(e).
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