Legal Opinion

State v. Wimbish

Court of Appeals of North Carolina

Decided November 20, 2001No. COA00-1139PublishedCited by 4 opinions

1Opinion of the Court

CAMPBELL, Judge.

Defendant appeals from a 60-month enhancement of his first-degree burglary sentence imposed pursuant to section 15A-1340.16A of the North Carolina General Statutes (“section 15A-1340.16A”). *288Defendant is not entitled to an appeal as a matter of right1 and did not petition this Court to review his case by writ of certiorari. Nevertheless, we exercise our discretionary power and choose to consider defendant’s appeal as a petition for writ of certiorari “to prevent manifest injustice to” defendant. See N.C.R. App. P. 2 (2001). Accordingly, we reverse and remand the burglary…

2Cases cited4 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Jones v. United StatesSupreme Court of the United States · 1999
  3. State v. LucasSupreme Court of North Carolina · 2001
  4. State v. BennettSupreme Court of North Carolina · 1967

3Cited by4 opinions

  1. State v. WilsonCourt of Appeals of North Carolina · 2002
  2. El Pueblo de Puerto Rico v. Pagán RojasSupreme Court of Puerto Rico · 2012
  3. Pueblo v. Pagán Rojas Y OtrosSupreme Court of Puerto Rico · 2012
  4. State v. WilsonCourt of Appeals of North Carolina · 2002

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