NC General Statutes

N.C. Gen. Stat. § 7A-271 (2026)

Jurisdiction of superior court

✓ current as of July 2026

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(a) The superior court has exclusive, original jurisdiction over all criminal actions not assigned to the district court division by this Article, except that the superior court has jurisdiction to try a misdemeanor:

(1) Which is a lesser included offense of a felony on which an indictment has been returned, or a felony information as to which an indictment has been properly waived; or

(2) When the charge is initiated by presentment; or

(3) Which may be properly consolidated for trial with a felony under G.S. 15A-926;

(4) To which a plea of guilty or nolo contendere is tendered in lieu of a felony charge; or

(5) When a misdemeanor conviction is appealed to the superior court for trial de novo, to accept a guilty plea to a lesser included or related charge.

(b) Appeals by the State or the defendant from the district court are to the superior court. The jurisdiction of the superior court over misdemeanors appealed from the district court to the superior court for trial de novo is the same as the district court had in the first instance, and when that conviction resulted from a plea arrangement between the defendant and the State pursuant to which misdemeanor charges were dismissed, reduced, or modified, to try those charges in the form and to the extent that they subsisted in the district court immediately prior to entry of the defendant and the State of the plea arrangement.

(c) When a district court is established in a district, any superior court judge presiding over a criminal session of court shall order transferred to the district court any pending misdemeanor which does not fall within the provisions of subsection (a), and which is not pending in the superior court on appeal from a lower court.

(d) The criminal jurisdiction of the superior court includes the jurisdiction to dispose of infractions only in the following circumstances:

(1) If the infraction is a lesser-included violation of a criminal action properly before the court, the court must submit the infraction for the jury's consideration in factually appropriate cases.

(2) If the infraction is a lesser-included violation of a criminal action properly before the court, or if it is a related charge, the court may accept admissions of responsibility for the infraction. A proper pleading for the criminal action is sufficient to support a finding of responsibility for the lesser-included infraction.

(e) The superior court has exclusive jurisdiction over all hearings held pursuant to G.S. 15A-1345(e) where the district court had accepted a defendant's plea of guilty or no contest to a felony under the provisions of G.S. 7A-272(c), except that the district court shall have jurisdiction to hear these matters with the consent of the State and the defendant. Once the superior court has concluded a probation revocation hearing, the superior court shall proceed without remanding or sending the matter back to district court unless covered under subsection (f) of this section.

(f) The superior court has exclusive jurisdiction over all hearings to revoke probation pursuant to G.S. 15A-1345(e) where the district court is supervising a local judicially managed accountability and recovery court probation judgment under G.S. 7A-272(e), except that the district court has jurisdiction to conduct the revocation proceedings when the chief district court judge and the senior resident superior court judge agree that it is in the interest of justice that the proceedings be conducted by the district court. If the district court exercises jurisdiction under this subsection to revoke probation, appeal of an order revoking probation is to the appellate division.

(g) The superior court has jurisdiction to issue a secure custody order pursuant to G.S. 7B-1903 when a juvenile matter that has been transferred to superior court is remanded to district court pursuant to G.S. 7B-2200.5(d). (1965, c. 310, s. 1; 1967, c. 691, s. 24; 1969, c. 1190, ss. 23, 24; 1971, c. 377, s. 15; 1977, c. 711, s. 6; 1979, 2nd Sess., c. 1328, s. 2; 1985, c. 764, s. 15; 1985 (Reg. Sess., 1986), c. 852, s. 17; 2004-128, s. 2; 2009-452, s. 1; 2009-516, s. 7(a), (b); 2010-96, s. 26(a); 2010-97, s. 13; 2021-123, s. 3(a); 2022-6, s. 8.2(a); 2023-97, s. 4(a).)

Notes of Decisions

Cited in 99 cases (9 in the last 5 years), 1967–2026 · leading case: State v. Corbett, 661 S.E.2d 759 (N.C. Ct. App. 2008).

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State v. Corbett, 661 S.E.2d 759 (N.C. Ct. App. 2008). · cites it 50× “N.C. Gen.Stat. § 7A-271(a) (2007). Therefore, when defendant was issued the citation for the misdemeanor DWI charge on 7 January 2006, the district court gained jurisdiction over the case pursuant to N.”

State v. Petersilie, 432 S.E.2d 832 (N.C. 1993). · cites it 18× “Under N.C.G.S. § 7A-271, the superior court has no jurisdiction to try by indictment a defendant charged with a misdemeanor unless the charges which are the subject of the indictment were initiated by a presentment.”

State v. Armstrong, 786 S.E.2d 830 (N.C. Ct. App. 2016). · cites it 25× “He argues N.C. Gen.Stat. § 7A-271(c) directs a superior court in this situation to transfer the matter to the *71 appropriate district court.”

State v. Speight, 614 S.E.2d 262 (N.C. 2005). · cites it 10× “See N.C.G.S. §§ 7A-271, -272 (2003). However, in this case defendant's misdemeanor charge was consolidated with the felony murder charges.”

State v. Rankin, 821 S.E.2d 787 (N.C. 2018). · cites it 2× “§ 7A-271 (2017) (setting the boundaries of the superior court’s jurisdiction).”

State v. Gunter, 433 S.E.2d 191 (N.C. Ct. App. 1993). · cites it 18× “N.C.G.S. § 7A-271: (a) The superior court has exclusive, original jurisdiction over all criminal actions not assigned to the district court division by this Article, except that the superior court has jurisdiction to try a misdemeanor: (2) When the charge is initiated by a…”

State v. Jones, 805 S.E.2d 701 (N.C. Ct. App. 2017). · cites it 4× “]” N.C. Gen Stat. § 7A-271(a) (2015). Defendant was issued a citation for misdemeanor offenses and directed to appear in Wake County District Court.”

State v. Hooper, 591 S.E.2d 514 (N.C. 2004). · cites it 3× “See N.C.G.S. § 7A-271(b) (2003) (providing that criminal appeals from the district court are to the superior court).”

State v. Linemann, 522 S.E.2d 781 (N.C. Ct. App. 1999). · cites it 4× “N.C. Gen. Stat. § 7A-271, entitled “Jurisdiction of superior court,” states: “(b) Appeals by the State or the defendant from the district court are to the superior court.”

State v. Moore, 807 S.E.2d 550 (N.C. 2017). · cites it 2× “7A-272(e) and G.S. 7A-271(f). Proceedings to modify or revoke probation in these cases must be held in the county in which the drug treatment court or therapeutic court is located.”

State v. Felmet, 273 S.E.2d 708 (N.C. 1981). · cites it 2× “Exclusive original jurisdiction of all misdemeanors is in the district courts of North Carolina.”

State v. Rogers, 808 S.E.2d 156 (N.C. Ct. App. 2017). · cites it 2× “" N.C. Gen. Stat. § 7A-271 (2015) (emphasis added).”

Show all 99 citing cases →

— N.C. Gen. Stat. § 7A-271(3) — 2 cases

State v. Hines, 471 S.E.2d 109 (N.C. Ct. App. 1996).

State v. Chavis, 518 S.E.2d 241 (N.C. Ct. App. 1999).

— N.C. Gen. Stat. § 7A-271(a) — 29 cases

State v. Corbett, 661 S.E.2d 759 (N.C. Ct. App. 2008). “N.C. Gen.Stat. § 7A-271(a) (2007). Therefore, when defendant was issued the citation for the misdemeanor DWI charge on 7 January 2006, the district court gained jurisdiction over the case pursuant to N.”

State v. Petersilie, 432 S.E.2d 832 (N.C. 1993). “Under N.C.G.S. § 7A-271, the superior court has no jurisdiction to try by indictment a defendant charged with a misdemeanor unless the charges which are the subject of the indictment were initiated by a presentment.”

State v. Armstrong, 786 S.E.2d 830 (N.C. Ct. App. 2016). “He argues N.C. Gen.Stat. § 7A-271(c) directs a superior court in this situation to transfer the matter to the *71 appropriate district court.”

State v. Jones, 805 S.E.2d 701 (N.C. Ct. App. 2017). “]” N.C. Gen Stat. § 7A-271(a) (2015). Defendant was issued a citation for misdemeanor offenses and directed to appear in Wake County District Court.”

State v. Jarvis, 715 S.E.2d 252 (N.C. Ct. App. 2011).

— N.C. Gen. Stat. § 7A-271(a)(1) — 2 cases

State v. Gibbon (N.C. Ct. App. 2026).

— N.C. Gen. Stat. § 7A-271(a)(2) — 11 cases

State v. Gunter, 433 S.E.2d 191 (N.C. Ct. App. 1993). “N.C.G.S. § 7A-271: (a) The superior court has exclusive, original jurisdiction over all criminal actions not assigned to the district court division by this Article, except that the superior court has jurisdiction to try a misdemeanor: (2) When the charge is initiated by a…”

State v. Hobson, 819 S.E.2d 397 (N.C. Ct. App. 2018).

State v. Cole, 822 S.E.2d 456 (N.C. Ct. App. 2018).

— N.C. Gen. Stat. § 7A-271(a)(3) — 6 cases

State v. Speight, 614 S.E.2d 262 (N.C. 2005). “See N.C.G.S. §§ 7A-271, -272 (2003). However, in this case defendant's misdemeanor charge was consolidated with the felony murder charges.”

State v. Bowden, 630 S.E.2d 208 (N.C. Ct. App. 2006).

State v. Rawlinson, 676 S.E.2d 564 (N.C. Ct. App. 2009).

State v. Pergerson, 326 S.E.2d 336 (N.C. Ct. App. 1985).

— N.C. Gen. Stat. § 7A-271(a)(5) — 8 cases

State v. Allen, 783 S.E.2d 799 (N.C. Ct. App. 2016).

State v. Killian, 300 S.E.2d 257 (N.C. Ct. App. 1983).

State v. Williams, 254 S.E.2d 649 (N.C. Ct. App. 1979).

State v. Bryant, 185 S.E.2d 854 (N.C. 1972).

State v. Gibbon (N.C. Ct. App. 2026).

— N.C. Gen. Stat. § 7A-271(a)(l) — 3 cases

State v. Petersilie, 414 S.E.2d 41 (N.C. Ct. App. 1992).

State v. Pergerson, 326 S.E.2d 336 (N.C. Ct. App. 1985).

— N.C. Gen. Stat. § 7A-271(b) — 23 cases

State v. Hooper, 591 S.E.2d 514 (N.C. 2004). “See N.C.G.S. § 7A-271(b) (2003) (providing that criminal appeals from the district court are to the superior court).”

State v. Speight, 614 S.E.2d 262 (N.C. 2005). “See N.C.G.S. §§ 7A-271, -272 (2003). However, in this case defendant's misdemeanor charge was consolidated with the felony murder charges.”

State v. Hooper, 582 S.E.2d 331 (N.C. Ct. App. 2003).

State v. Linemann, 522 S.E.2d 781 (N.C. Ct. App. 1999). “N.C. Gen. Stat. § 7A-271, entitled “Jurisdiction of superior court,” states: “(b) Appeals by the State or the defendant from the district court are to the superior court.”

State v. Felmet, 273 S.E.2d 708 (N.C. 1981). “Exclusive original jurisdiction of all misdemeanors is in the district courts of North Carolina.”

— N.C. Gen. Stat. § 7A-271(c) — 2 cases

State v. Baker (N.C. Ct. App. 2018).

— N.C. Gen. Stat. § 7A-271(d) — 2 cases

State v. Myers (N.C. Ct. App. 2026).

— N.C. Gen. Stat. § 7A-271(d)(1) — 2 cases

State v. Myers (N.C. Ct. App. 2026).

— N.C. Gen. Stat. § 7A-271(d)(2) — 2 cases

State v. Myers (N.C. Ct. App. 2026).

— N.C. Gen. Stat. § 7A-271(e) — 2 cases

State v. Matthews (N.C. Ct. App. 2019).

State v. McCulloch (N.C. Ct. App. 2014).

— N.C. Gen. Stat. § 7A-271(f) — 1 case

State v. Moore, 807 S.E.2d 550 (N.C. 2017). “7A-272(e) and G.S. 7A-271(f). Proceedings to modify or revoke probation in these cases must be held in the county in which the drug treatment court or therapeutic court is located.”

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