State v. Pennell

BEASLEY, Justice.

We consider whether, on direct appeal from the activation of a suspended sentence, a defendant may challenge the jurisdictional validity of the indictment underlying his original conviction. Because a challenge to the validity of the original judgment constitutes an impermissible collateral attack, we hold that defendant’s appeal was not proper. Accordingly, we reverse the decision of the Court of Appeals with respect to this issue.

Defendant William Herbert Pennell pleaded guilty on 2 December 2010 to two counts of felony breaking or entering, two counts of felony larceny…