N.C. Gen. Stat. » Chapter 15A
NC General Statutes

N.C. Gen. Stat. § 15A-1445 (2026)

Appeal by the State

✓ current as of July 2026
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(a) Unless the rule against double jeopardy prohibits further prosecution, the State may appeal from the superior court to the appellate division:

(1) When there has been a decision or judgment dismissing criminal charges as to one or more counts.

(2) Upon the granting of a motion for a new trial on the ground of newly discovered or newly available evidence but only on questions of law.

(3) When the State alleges that the sentence imposed:

a. Results from an incorrect determination 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;

b. 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;

c. 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; or

d. Imposes an intermediate punishment pursuant to G.S. 15A-1340.13(g) based on findings of extraordinary mitigating circumstances that are not supported by evidence or are insufficient as a matter of law to support the dispositional deviation.

(b) The State may appeal an order by the superior court granting a motion to suppress as provided in G.S. 15A-979. (1977, c. 711, s. 1; 1993, c. 538, s. 28; 1994, Ex. Sess., c. 14, s. 28, c. 24, s. 14(b).)

 

Notes of Decisions
Cited in 90 cases (9 in the last 5 years), 1978–2026 · leading case: State v. Fowler, 676 S.E.2d 523 (N.C. Ct. App. 2009).
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State v. Fowler, 676 S.E.2d 523 (N.C. Ct. App. 2009). · cites it 17× “” N.C. Gen. Stat. § 15A-1445(a)(l) (2007). Here, although the State concedes that the superior court’s Order was not “a decision or judgment dismissing criminal charges” against defendant, see id.”
State v. J.C., 827 S.E.2d 280 (N.C. 2019). · cites it 38× “13(g) based on findings of extraordinary mitigating circumstances that are not supported by evidence or are insufficient as a matter of law to support the dispositional deviation.”
State v. Bryan, 749 S.E.2d 900 (N.C. Ct. App. 2013). · cites it 24× “Here, defendant made before the district court a pretrial motion to dismiss the DWI charge for violation of his right to a speedy trial. The district court issued an order indicating its preliminary approval of defendant’s motion.”
State v. Howard, 783 S.E.2d 786 (N.C. Ct. App. 2016). · cites it 8× “This Court concluded that the State's appeal was properly before it: Pursuant to N.C. Gen.Stat. § 15A-1445 [ (a)(2) ], the State may appeal an order granting a motion for a new trial "on the ground of newly discovered or newly available evidence but only on questions of law.”
State v. Starkey, 628 S.E.2d 424 (N.C. Ct. App. 2006). · cites it 12× “] N.C. Gen.Stat. § 15A-1445 (2005). The relief granted by the trial court might be considered to have effectively dismissed defendant's charge of having attained the status of an habitual felon or imposed an unauthorized prison term in light of defendant's status as an habitual…”
State v. Thomsen, 789 S.E.2d 639 (N.C. 2016). · cites it 3× “We also express no opinion on whether the State had a right pursuant to N.C.G.S. § 15A-1445(a)(3)(c) to appeal the trial court’s grant of appropriate relief.”
State v. Hernandez, 655 S.E.2d 426 (N.C. Ct. App. 2008). · cites it 9× “Defendants contend that if the trial court had ruled on their motions before the jury verdict, then the court’s decision would not be appealable under § 15A-1445(a). N.C. Gen. Stat. § 15A-1445(a)(1) grants the State a right to appeal when there is a judgment or decision…”
Cnty. of Onslow v. J.C., 808 S.E.2d 154 (N.C. Ct. App. 2017). · cites it 10× “§ 15A-1445 is the statute which determines our jurisdiction in this matter because the trial court's order of expunction pursuant to N.C. Gen. Stat. § 15A-145.5 is part of a criminal proceeding.”
State v. Osterhoudt, 731 S.E.2d 454 (N.C. Ct. App. 2012). · cites it 6× “2d at 531 , but constitutes a final order giving the State a right of appeal through N.C. Gen. Stat. §§ 15A-1445 and 15A-979. We are not persuaded.”
State v. Dorman, 737 S.E.2d 452 (N.C. Ct. App. 2013). · cites it 6× “” N.C. Gen. Stat § 15A-1445(a)(l) (2011). Under both the federal and North Carolina constitutions, jeopardy does not attach until, among other things, a “jury is impaneled and sworn.”
State v. Scott, 551 S.E.2d 916 (N.C. Ct. App. 2001). · cites it 6× “N.C. Gen. Stat. § 15A-1445(a)(1) (1999) authorizes an appeal by the State where “there has been a decision or judgment dismissing criminal charges as to one or more counts,” unless “the rule against double jeopardy prohibits further prosecution.”
State v. Ballenger, 472 S.E.2d 572 (N.C. Ct. App. 1996). · cites it 4× “The trial court granted defendant's motion, and the State appeals pursuant to G.S. § 15A-1445(a)(1). "The Double Jeopardy Clause protects against (1) a second prosecution for the same offense after acquittal, (2) a second prosecution for the same offense after conviction, and…”
Show all 90 citing cases →
— N.C. Gen. Stat. § 15A-1445(a) — 10 cases
State v. Priddy, 445 S.E.2d 610 (N.C. Ct. App. 1994).
Marcus Robinson v. Edward Thomas, 855 F.3d 278 (4th Cir. 2017).
State v. J.C., 827 S.E.2d 280 (N.C. 2019). “13(g) based on findings of extraordinary mitigating circumstances that are not supported by evidence or are insufficient as a matter of law to support the dispositional deviation.”
State v. Vestal, 509 S.E.2d 249 (N.C. Ct. App. 1998).
State v. Hernandez, 655 S.E.2d 426 (N.C. Ct. App. 2008). “Defendants contend that if the trial court had ruled on their motions before the jury verdict, then the court’s decision would not be appealable under § 15A-1445(a). N.C. Gen. Stat. § 15A-1445(a)(1) grants the State a right to appeal when there is a judgment or decision…”
— N.C. Gen. Stat. § 15A-1445(a)(1) — 22 cases
State v. Scott, 551 S.E.2d 916 (N.C. Ct. App. 2001). “N.C. Gen. Stat. § 15A-1445(a)(1) (1999) authorizes an appeal by the State where “there has been a decision or judgment dismissing criminal charges as to one or more counts,” unless “the rule against double jeopardy prohibits further prosecution.”
State v. Hernandez, 655 S.E.2d 426 (N.C. Ct. App. 2008). “Defendants contend that if the trial court had ruled on their motions before the jury verdict, then the court’s decision would not be appealable under § 15A-1445(a). N.C. Gen. Stat. § 15A-1445(a)(1) grants the State a right to appeal when there is a judgment or decision…”
State v. Miller, 786 S.E.2d 367 (N.C. Ct. App. 2016).
State v. Ballenger, 472 S.E.2d 572 (N.C. Ct. App. 1996). “The trial court granted defendant's motion, and the State appeals pursuant to G.S. § 15A-1445(a)(1). "The Double Jeopardy Clause protects against (1) a second prosecution for the same offense after acquittal, (2) a second prosecution for the same offense after conviction, and…”
State v. Bryan, 749 S.E.2d 900 (N.C. Ct. App. 2013). “Here, defendant made before the district court a pretrial motion to dismiss the DWI charge for violation of his right to a speedy trial. The district court issued an order indicating its preliminary approval of defendant’s motion.”
— N.C. Gen. Stat. § 15A-1445(a)(2) — 10 cases
State v. Howard, 783 S.E.2d 786 (N.C. Ct. App. 2016). “This Court concluded that the State's appeal was properly before it: Pursuant to N.C. Gen.Stat. § 15A-1445 [ (a)(2) ], the State may appeal an order granting a motion for a new trial "on the ground of newly discovered or newly available evidence but only on questions of law.”
State v. Rhodes, 743 S.E.2d 37 (N.C. 2013).
State v. Monroe, 410 S.E.2d 913 (N.C. 1991).
State v. Rhodes, 724 S.E.2d 148 (N.C. Ct. App. 2012).
State v. Carver (N.C. Ct. App. 2021).
— N.C. Gen. Stat. § 15A-1445(a)(3) — 2 cases
State v. Thomas (N.C. 2026).
State v. Lee, 745 S.E.2d 73 (N.C. Ct. App. 2013).
— N.C. Gen. Stat. § 15A-1445(a)(3)(a) — 1 case
State v. Dorton, 641 S.E.2d 357 (N.C. Ct. App. 2007).
— N.C. Gen. Stat. § 15A-1445(a)(3)(c) — 3 cases
State v. Thomsen, 789 S.E.2d 639 (N.C. 2016). “We also express no opinion on whether the State had a right pursuant to N.C.G.S. § 15A-1445(a)(3)(c) to appeal the trial court’s grant of appropriate relief.”
State v. Watkins, 659 S.E.2d 58 (N.C. Ct. App. 2008).
State v. Roberts, 523 S.E.2d 417 (N.C. 2000).
— N.C. Gen. Stat. § 15A-1445(a)(l) — 16 cases
State v. Fowler, 676 S.E.2d 523 (N.C. Ct. App. 2009). “” N.C. Gen. Stat. § 15A-1445(a)(l) (2007). Here, although the State concedes that the superior court’s Order was not “a decision or judgment dismissing criminal charges” against defendant, see id.”
State v. Bryan, 749 S.E.2d 900 (N.C. Ct. App. 2013). “Here, defendant made before the district court a pretrial motion to dismiss the DWI charge for violation of his right to a speedy trial. The district court issued an order indicating its preliminary approval of defendant’s motion.”
State v. Hernandez, 655 S.E.2d 426 (N.C. Ct. App. 2008). “Defendants contend that if the trial court had ruled on their motions before the jury verdict, then the court’s decision would not be appealable under § 15A-1445(a). N.C. Gen. Stat. § 15A-1445(a)(1) grants the State a right to appeal when there is a judgment or decision…”
State v. Dorman, 737 S.E.2d 452 (N.C. Ct. App. 2013). “” N.C. Gen. Stat § 15A-1445(a)(l) (2011). Under both the federal and North Carolina constitutions, jeopardy does not attach until, among other things, a “jury is impaneled and sworn.”
State v. Ballenger, 472 S.E.2d 572 (N.C. Ct. App. 1996). “The trial court granted defendant's motion, and the State appeals pursuant to G.S. § 15A-1445(a)(1). "The Double Jeopardy Clause protects against (1) a second prosecution for the same offense after acquittal, (2) a second prosecution for the same offense after conviction, and…”
— N.C. Gen. Stat. § 15A-1445(b) — 9 cases
State v. King, 713 S.E.2d 772 (N.C. Ct. App. 2011).
State v. McNeill, 613 S.E.2d 43 (N.C. Ct. App. 2005).
State v. Parisi, 796 S.E.2d 524 (N.C. Ct. App. 2017).
State v. Dorman, 737 S.E.2d 452 (N.C. Ct. App. 2013). “” N.C. Gen. Stat § 15A-1445(a)(l) (2011). Under both the federal and North Carolina constitutions, jeopardy does not attach until, among other things, a “jury is impaneled and sworn.”
State v. Judd, 494 S.E.2d 605 (N.C. Ct. App. 1998).
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