STATE OF NORTH CAROLINA
v. Guilford County
Nos. 02 CRS 23852 and
ROBERT FREDRICK WILLIAMS, JR. 02 CRS 92989
Attorney General Roy Cooper, by Associate Attorney General Q.
Shanté Martin, for the State.
William H. Dowdy for defendant-appellant.
McGEE, Judge.
Robert Fredrick Williams, Jr. (defendant) was indicted on 9
December 2002 as being an habitual felon and subsequently was
indicted on 21 January 2003 for five counts of financial
transaction card theft. Defendant filed a pre-trial motion on 25
February 2003 to dismiss the habitual felon charge on the grounds
that his punishment as an habitual felon for five Class I felonies
violated his state and federal constitutional rights.
The trial court denied defendant's motion to dismiss at a
hearing on 11 March 2003. Defendant then pled guilty pursuant to
a plea arrangement to five counts of financial transaction card
theft and to being an habitual felon. The terms and conditions ofthe plea arrangement were as follows:
The defendant shall receive an active sentence
of 90-117 months - all cases consolidated into
one.
*Defendant has preserved his issue to appeal.
habitual felon law is unconstitutional under
the North Carolina Constitution - "cruel and
unusual" punishment.
In accordance with the plea arrangement, the trial court
consolidated the substantive offenses for judgment and imposed a
sentence of 90 to 117 months in prison. Defendant appeals the
trial court's judgment.
Although defendant seeks to argue that the trial court
committed plain error by accepting his guilty plea, when a
defendant has pled guilty to a criminal charge in superior court,
he is entitled to appellate review as a matter of right only in
limited circumstances. State v. Dickson, 151 N.C. App. 136, 137,
564 S.E.2d 640, 640 (2002); N.C. Gen. Stat. § 15A-1444(e) (2003).
Under specific circumstances, a defendant may appeal sentencing
issues, the denial of a motion to suppress, or the denial of a
motion to withdraw a plea of guilty or no contest. See N.C. Gen.
Stat. § 15A-1444(a1), (a2) and (e) (2003).
Defendant attempts to argue that the application of the
habitual felon law chilled the exercise of his constitutional
rights related to trial. This issue, however, is not an issue from
which there is an appeal of right. See N.C. Gen. Stat. § 15A-1444.
Further, "this Court does not have the authority to issue a writ of
certiorari" because "[d]fendant has not failed to take timely
action, is not attempting to appeal from an interlocutory order,and is not seeking review pursuant to N.C. Gen. Stat. § 15A-
1422(c)(3)." Dickson, 151 N.C. App. at 138, 564 S.E.2d at 641.
Accordingly, defendant's appeal is dismissed.
Dismissed.
Chief Judge MARTIN and Judge BRYANT concur.
Report per Rule 30(e).
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