A BILL TO BE ENTITLED
AN ACT to eliminate appeals de novo to the superior court in misdemeanor cases in which the defendant has pled guilty and to eliminate appeals from district court to superior court for infractions and probation revocations.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 7A‑290 reads as rewritten:
"§ 7A‑290.  Appeals from district court in criminal cases; notice; appeal bond; consequences of guilty plea to misdemeanor.
(a)	Any defendant convicted in district court before the magistrate may appeal to the district court for trial de novo before the district court judge. Except as provided in subsection (b) of this section, a defendant convicted in district court before the judge may appeal to the superior court for trial de novo. Notice of appeal may be given orally in open court, or to the clerk in writing within 10 days of entry of judgment. Upon expiration of the 10‑day period in which an appeal may be entered, if an appeal has been entered and not withdrawn, the clerk shall transfer the case to the district or superior court docket. The original bail shall stand pending appeal, unless the judge orders bail denied, increased, or reduced.
(b)	A defendant who pleads guilty or no contest to a misdemeanor in district court pursuant to G.S. 15A‑1431.1 waives the right to trial de novo in superior court and may appeal the decision to the Court of Appeals as provided in Article 91 of Chapter 15A of the General Statutes."
SECTION 2.  G.S. 15A‑1115 reads as rewritten:
"§ 15A‑1115.  Review of disposition by Court of Appeals.
(a)	Appeal of District Court Decision. – A person who denies responsibility and is found responsible for an infraction in the district court, within 10 days of the hearing, may appeal the decision to the Court of Appeals as provided in Article 91 of this Chapter.
(b)	Review of Infractions Originally Disposed of in Superior Court. – If the superior court disposes of an infraction pursuant to its jurisdiction in G.S. 7A‑271(d), appeal from that judgment is as provided for criminal actions in the superior court."
SECTION 3.  G.S. 15A‑1347 reads as rewritten:
"§ 15A‑1347.  Appeal from revocation of probation or imposition of special probation upon violation.
When a district court judge, as a result of a finding of a violation of probation, activates a sentence or imposes special probation, the defendant may appeal to the Court of Appeals as provided in Article 91 of this Chapter."
SECTION 4.  G.S. 15A‑1431(b) reads as rewritten:
"(b)	Except as provided in G.S. 15A‑1431.1, a defendant convicted in the district court before the judge may appeal to the superior court for trial de novo with a jury as provided by law. "
SECTION 5.  Article 90 of Chapter 15A of the General Statutes is amended by adding a new section to read:
"§ 15A‑1431.1.  Guilty pleas to misdemeanors in district court; appeals.
(a)	A defendant who pleads guilty or no contest to a misdemeanor in district court waives the right to trial de novo in superior court and may appeal the decision to the Court of Appeals as provided in Article 91 of this Chapter.
(b)	The provisions of G.S. 15A‑1021, 15A‑1022, 15A‑1023, 15A-1024, and 15A‑1025 relating to guilty pleas in superior court shall be applicable to guilty pleas entered in district court to the extent that those provisions apply to misdemeanors. The provisions of G.S. 15A‑1026 for making and preserving a record of proceedings shall also apply to guilty pleas to misdemeanors entered in district court."
SECTION 6.  G.S. 15A‑1444(a2) reads as rewritten:
"(a2)	A defendant who has entered a plea of guilty or no contest to a felony or misdemeanor is entitled to appeal as a matter of right the issue of whether the sentence imposed:
(1)	Results from an incorrect finding of the defendant's prior record level under G.S. 15A‑1340.14 or the defendant's prior conviction level under G.S. 15A‑1340.21;
(2)	Contains a type of sentence disposition that is not authorized by G.S. 15A‑1340.17 or G.S. 15A‑1340.23 for the defendant's class of offense and prior record or conviction level; or
(3)	Contains a term of imprisonment that is for a duration not authorized by G.S. 15A‑1340.17 or G.S. 15A‑1340.23 for the defendant's class of offense and prior record or conviction level."
SECTION 7.  This act becomes effective December 1, 2013, and applies to acts committed on or after that date.