Opinion
No. COA12–477.
2012-11-20
STATE of North Carolina v. Amanda Lea ROSE.
Attorney General Roy Cooper, by Assistant Attorney General Laura E. Parker, for the State. Amanda Lea Rose, pro se, for defendant-appellant.
Appeal by defendant from judgment entered 30 November 2011 by Judge V. Bradford Long in Forsyth County Superior Court. Heard in the Court of Appeals 5 November 2012. Attorney General Roy Cooper, by Assistant Attorney General Laura E. Parker, for the State. Amanda Lea Rose, pro se, for defendant-appellant.
CALABRIA, Judge.
Amanda Lea Rose (“defendant”) appeals from a judgment entered upon her plea of guilty to operating a motor vehicle without a license. We dismiss defendant's appeal.
On 10 May 2011, defendant was charged with operating a motor vehicle with an expired registration and operating a motor vehicle without a license. Prior to trial, defendant filed documentation in Forsyth County District Court challenging the court's jurisdiction. The district court, after determining it had jurisdiction over defendant, found defendant guilty of both offenses. Defendant appealed her convictions to the superior court.
Prior to her trial de novo in Forsyth County Superior Court, defendant again filed documentation challenging the court's jurisdiction over her. On 30 November 2011, the trial court determined that it could properly exercise jurisdiction over defendant. Shortly thereafter, defendant entered an Alford plea to operating a motor vehicle without a license. The State dismissed the expired registration charge. The trial court ordered defendant to pay court costs, which it then remitted. Defendant appeals.
On appeal, defendant argues that her conviction was invalid because the State failed to establish that it is a legitimate government with jurisdiction to prosecute her for a criminal offense. In response, the State has filed a motion to dismiss defendant's appeal. The State contends that defendant's appeal is subject to dismissal because, inter alia, she has violated numerous appellate rules. We agree with the State, and therefore dismiss defendant's appeal.
Our Supreme Court has repeatedly stated that “[i]t is the appellant's duty and responsibility to see that the record is in proper form and complete.” State v. Alston, 307 N.C. 321, 341, 298 S.E.2d 631, 644–45 (1983). In the instant case, the record on appeal filed by defendant is deficient in that it does not include copies of several documents which are necessary for this Court to undertake meaningful review. Specifically, the record on appeal does not include copies of the transcript of plea and the district court judgment, both of which are necessary for an understanding of the appeal. SeeN.C.R.App. P. 9(a)(3)(i) (2011). Most importantly, defendant has failed to include a copy of the superior court judgment—the judgment from which appeal was taken, as required by N.C.R.App. P. 9(a)(3)(g) (2011). “A judgment is a necessary part of the record. When a necessary part of the record has been omitted, the appeal will be dismissed.” State v. Harvell, 45 N.C.App. 243, 246, 262 S.E.2d 850, 852 (1980); see also State v. Gilliam, 33 N.C.App. 490, 491, 235 S.E.2d 421, 422 (1977). Accordingly, we dismiss defendant's appeal.
In reaching our disposition, we have taken into account that defendant appears pro se in this matter. Nonetheless, our appellate rules “apply to everyone—whether acting pro se or being represented by all of the five largest law firms in the State.” Bledsoe v. County of Wilkes, 135 N.C.App. 124, 125, 519 S.E.2d 316, 317 (1999) (internal citation omitted). Moreover, we are satisfied that the instant case does not present an “exceptional circumstance” sufficient to warrant review pursuant to N.C.R.App. P. 2 (2011). See Dogwood Dev. & Mgmt. Co. v. White Oak Transp. Co., 362 N.C. 191, 201, 657 S.E.2d 361, 367 (2008). The State's motion to dismiss defendant's appeal is granted.
Dismissed. Judges HUNTER, Robert C. and McCULLOUGH concur.
Report per Rule 30(e).