State v. O'NEAL

JOHNSON, Judge.

Although this appeal is interlocutory, in that no final judgment was entered, we have elected in our discretion, and in aid of our jurisdiction, to treat the “appeal” as a petition for writ of cer-tiorari and proceed to address the merits of the case. G.S. 7A-32(c); App. R. 21(a); Ziglar v. Du Pont Co., 53 N.C. App. 147, 280 S.E. 2d 510, disc. review denied, 304 N.C. 393, 285 S.E. 2d 838 (1981). 1

I

We hold first that the court exceeded its authority in declaring the mistrial over defendant’s objection. G.S. 15A-1061 empowers the trial court to declare a mistrial “Upon motion of…