State v. Briggs

ZACHARY, Judge.

*501 The issue presented is whether the trial court lacked subject matter jurisdiction to enter an order denying defendant's motion for post-conviction DNA testing pursuant to N.C. Gen. Stat. § 15A-269 while defendant's appeal from the original judgment of conviction was pending. We conclude that the trial court lacked subject matter jurisdiction, and vacate the court's order.

Background

Defendant Antravious Quanealious Briggs was convicted of attempted second-degree sexual offense and sentenced to 73-100 months in prison on 10 November 2014. Defendant gave notice of appeal the same…