In Re Wilson

An appeal is not allowed from a judgment entered in a habeas corpus proceeding. Such judgments may be reviewed by way of certiorari if the court, in its sound discretion, chooses to grant such a writ. In re Palmer, 265 N.C. 485, 144 S.E. 2d 413; In re Croom, 175 N.C. 455, 95 S.E. 903. Accordingly, the defendant’s appeal is dismissed as improper. However, we have considered the record as a petition for writ for certiorari, which has been allowed.

The defendant argues that he was denied due process and equal justice when he was given a longer sentence in the Superior Court than he had received…