State v. Roberts

CARLTON, Judge.

Defendant seeks to appeal the ruling of the superior court denying his petition for post-conviction relief filed on 17 July 1978.

G.S. 15A-1422 provides in pertinent part as follows:(c) The court’s ruling on a motion for appropriate relief pursuant to G.S. 15A-1415 is subject to review:(3) If the time for appeal has expired and no appeal is pending, by writ of certiorari.

The record discloses that defendant pled guilty to armed robbery on 8 June 1976 and was sentenced to 28 to 30 years in the Department of Correction on that same date. The “time for appeal” from his trial had…