Any defendant convicted in district court before the magistrate may appeal to the district court for trial de novo before the district court judge. Any 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 Upon expiration of the 10-day period in which an appeal may be entered, if an appeal has been entered and not withdrawn, the clerk shall transfer the case to the district or superior court docket.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. (1965, c. 310, s. 1; 1967, c. 601, s. 1; 1969, c. 876, s. 3; c. 911, s. 5; c. 1190, s. 26; 1971, c. 377, s. 16.)
Article 26.
Additional Powers of District Court Judges and Magistrates.
Notes of Decisions
Cited in
23
cases (
1 in the last 5 years), 1970–2024 · leading case:
State v. Smith, 323 S.E.2d 316 (N.C. 1984).
State v. Smith, 323 S.E.2d 316 (N.C. 1984).
· cites it 8× “Nor is the defendant willing to concede that her constitutional right to confrontation is adequately preserved in that the presence of the analyst is assured should she choose to exercise her right to a trial de novo in Superior Court pursuant to N.C.G.S. § 7A-290. For the…”
State v. Linemann, 522 S.E.2d 781 (N.C. Ct. App. 1999).
· cites it 8× “” N.C. Gen. Stat. § 7A-290 (1995). “For the purpose of imposing sentence, a person has been convicted when he has been adjudged guilty or has entered a plea of guilty or no contest.”
State v. Myers-McNeil, 822 S.E.2d 317 (N.C. Ct. App. 2018).
· cites it 12× “N.C.G.S. § 7A-290 (2017) (emphasis added).”
State v. Sparrow, 173 S.E.2d 897 (N.C. 1970).
· cites it 3× “§ 7A-288 (now G.S. § 7A-290) and G.S. § 15-177.1. In Pearce, appellant was required to attack the validity of his conviction and sentence in the trial court and seek reversal for constitutional errors committed there.”
State v. Fox, 239 S.E.2d 471 (N.C. Ct. App. 1977).
· cites it 3× “Defendant argues that G.S. 7A-290 gives him the right to appeal to superior court for trial de novo in spite of his guilty plea in district court.”
State v. Brunson, 393 S.E.2d 860 (N.C. 1990).
· cites it 3× “N.C.G.S. § 7A-290 (1989). The district attorney prosecuting the cases called the calendar and asked all defendants how they intended to plead.”
State v. Spencer, 173 S.E.2d 765 (N.C. 1970).
· cites it 2× “7A-288 (now G.S. 7A-290) and G.S. 15-177.1. It is established law in North Carolina that trial de novo in the superior court is a new trial from beginning to end, on both law and facts, disregarding completely the plea, trial, verdict and,judgment below; and the superior court…”
State v. Vereen, 628 S.E.2d 408 (N.C. Ct. App. 2006).
· cites it 4× “N.C. Gen.Stat. §§ 7A-290, 15A-1431(b) *412 (2005).”
State v. Bissette, 544 S.E.2d 266 (N.C. Ct. App. 2001).
· cites it 3× “Defendant exercised her right to appeal for a trial de novo in superior court pursuant to N.C.G.S. § 7A-290 (1999). On 13 *671 March 1996, defendant waived arraignment in superior court and entered a plea of not guilty to the misdemeanor larceny charge.”
Stone v. State, 685 A.2d 441 (Md. 1996).
“Code § 12-12-71 (1996); North Carolina, N.C. Gen.Stat. § 7A-290 (1995); Rhode Island, R.”
State v. Williams, 254 S.E.2d 649 (N.C. Ct. App. 1979).
“When a defendant in a criminal case appeals from a judgment in the District Court Division, the appeal is to the Superior Court Division for trial de novo. The jurisdiction of the Superior Court Division over misdemeanors appealed in such manner is the same as that possessed by…”
State v. Wesson, 193 S.E.2d 425 (N.C. Ct. App. 1972).
· cites it 2× “) The issue before us is whether the defendant was “convicted” in district court within the meaning of G.”
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