State v. Thomsen

HUNTER, JR., ROBERT N., Judge.

*476The State appeals from a sua sponte order of the trial court granting Zachary David Thomsen ("Defendant") appropriate relief pursuant to N.C. Gen.Stat. § 15A-1420(d). The State argues the trial court erred in allowing its own motion for appropriate relief on Eighth Amendment grounds. Defendant argues this Court lacks jurisdiction to hear the case via a writ of certiorari, and even if this Court does have jurisdiction, the trial court did not abuse its discretion in granting Defendant appropriate relief.

For the following reasons, we vacate the trial court's order…