State v. Atwell

ARNOLD, Judge.

I. Notice of Appeal

G.S. 15A-979(b) provides that an order denying a motion to suppress evidence can be reviewed upon an appeal from a guilty plea. But State v. Reynolds, 298 N.C. 380, 259 S.E. 2d 843 (1979), cert. denied, 446 U.S. 941 (1980), held that “when a defendant intends to appeal from a suppression motion denial pursuant to G.S. 15A-979(b), he must give notice of his intention to the prosecutor and the court before plea negotiations are finalized or he will waive the appeal of right provisions of the statute.” 298 N.C. at 397, 259 S.E. 2d at 853.

The evidence in the…