State v. Brown

GEER, Judge.

Defendant Billy Ray Brown appeals from the trial court’s denial of his motion for post-conviction DNA testing under N.C. Gen. Stat. § 15A-269 (2003). The State has argued that the appeal must be dismissed because the statute does not provide for appellate review and because review by writ of certiorari is unavailable. We agree and, accordingly, dismiss defendant’s appeal.

Facts and Procedural History

On 26 September 2000, defendant, a former assistant principal at a middle school, was indicted for attempted second degree rape of a former student, R.T. Defendant was convicted on that…