State v. Evans

Consistent with the specific, express allowance found in N.C. Gen. Stat. § 7B-2603(d) (2005), the defendant has a right to appeal the transfer decision. This is, in fact, the necessary application of this Court’s decision in State v. Brooks, 148 N.C. App. 191, 557 S.E.2d 195 (2001).

As a part of the transfer order by the district court, the trial court necessarily rejected defendant’s constitutional challenge to the transfer statute. Defendant has taken appeal from a final judgment — the one as regards his conviction for second degree murder — and, as a part of his appeal, he may challenge the…