STATE OF NORTH CAROLINA
v. Davidson County
No. 01 CRS 59792
01 CRS 59793
TONYA HUMPHRIES ROBINSON
Roy Cooper, Attorney General, by Jane T. Hautin, Assistant
Attorney General, for the State.
Gary C. Rhodes, for defendant-appellant.
STEELMAN, Judge.
Defendant, Tonya Humphries Robinson, pled guilty to taking
property by false pretenses in exchange for dismissal of charges of
forgery and uttering. The court imposed a sentence of a minimum of
six and a maximum of eight months. The court suspended the
sentence and placed defendant on supervised probation for 24
months.
In her sole assignment of error, defendant contends the court
erred by accepting her plea, entered pro se, without making further
inquiry to determine that her waiver of counsel was intelligently
and voluntarily made and intended to waive all counsel.
We do not address the merits of this assignment of error. A
defendant who has entered a plea of guilty is not entitled toappellate review as a matter of right unless the defendant is
raising error in the imposition of sentence, the denial of a motion
to suppress, or the denial of a motion to withdraw the guilty plea.
State v. Pimental, 153 N.C. App. 69, 73, 568 S.E.2d 867, 870, disc.
rev. denied, 356 N.C. 442, 573 S.E.2d 163 (2002). Defendant does
not contest the sentence imposed or any order denying a motion to
suppress or motion to withdraw the plea. We therefore allow the
State's motion to dismiss the appeal.
We note that the dismissal is without prejudice to defendant's
right to file in the trial court a motion for appropriate relief or
a motion to withdraw the plea.
DISMISSED.
Judges WYNN and TYSON concur.
Report per Rule 30(e).
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