Legal Opinion · Dissent

State v. Hooper

Court of Appeals of North Carolina

Decided July 1, 2003No. COA02-869Published

1DissentWynn, Judge

Notwithstanding what may be a laudable judicial desire to avoid direct appeals of felony probation violations to superior court as required by N.C. Gen. Stat. § 15A-1347 (2002), the change in that statute is a task for our General Assembly, not the judiciary. Indeed, in two separate bills aimed at changing the law to allow for direct appeal of felony violations to the Court of Appeals, the General Assembly failed to make the changes to Section 15A-1347 that the majority seeks to make today by judicial fiat. See H.B. 1085, 2001 Reg. Sess., N.C. Gen. Assem.; S.B. 819, 2001 Reg. Sess., N.C. Gen.…

2Cases cited2 opinions

  1. State v. GoldenCourt of Appeals of North Carolina · 1979
  2. State v. KillianCourt of Appeals of North Carolina · 1975

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