Legal Opinion

State v. Benjamin

Court of Appeals of North Carolina

Decided March 19, 2019No. COA18-751Published

1Opinion of the Court

TYSON, Judge.

Juan Rafeal Benjamin ("Defendant") appeals from a judgment entered upon his Alford plea to possession of a stolen firearm and possession with intent to sell or deliver ("PWISD") marijuana. We dismiss Defendant's appeal from his criminal judgment, but allow Defendant's petition for writ of certiorari to review, vacate, and remand the civil judgment entered against Defendant for the payment of attorney's fees without prior notice and opportunity to be heard.

I. Background

On 1 April 2016, Defendant was a backseat passenger in a vehicle that was stopped based on a registration…

2Cases cited4 opinions

  1. State v. FriendCourt of Appeals of North Carolina · 2018
  2. State v. JacobsCourt of Appeals of North Carolina · 2005
  3. State v. HughesCourt of Appeals of North Carolina · 2011
  4. State v. RousonCourt of Appeals of North Carolina · 2013

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