Summary
noting that pursuant to N.C. Gen.Stat. § 15A–979(c), “[t]he State has the right to appeal [to this Court] an order by the superior court granting a motion to suppress prior to trial”
Summary of this case from State v. OsterhoudtOpinion
No. 535P04
2 December 2004
ORDER
Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Defendant on the 12th day of October 2004 in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the Attorney General, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is
Allowed by order of the Court in conference, this the 2nd day of December 2004.