State v. Cash

ARNOLD, Judge.

We reject appellant’s position that the superior court hearing was not de novo as required by G.S. 15-200.1 and G.S. 7A-271(b). He contends that the superior court hearing was merely a review of the district court hearing. If the hearing were not de novo then the case would have to be remanded. State v. Thompson, 244 N.C. 282, 93 S.E. 2d 158 (1956).

This case is distinguishable from Thompson, where the superior court judge merely examined the record of the district court hearing, found evidence therein to support the district court judgment, and affirmed it. In this case the…