State v. Linemann

HUNTER, Judge.

Walter Linemann (“defendant”) appeals the order of the superior court wherein it granted the State’s motion for appropriate relief. We vacate on the basis that the superior court did not have jurisdiction.

First, we note that defendant does not have a right to appeal from the order of the superior court to this Court. Article 91 of the North Carolina General Statutes, entitled “Appeal to Appellate Division,” indicates when a defendant in a criminal action may appeal to the appellate division. It provides that “[t]he ruling of the court upon a motion for appropriate relief is…