Opinion
No. COA09-885
Filed 18 May 2010 This case not for publication
Appeal by defendant from order entered on or about 31 December 2008 by Judge Ripley E. Rand in Superior Court, Wake County. Heard in the Court of Appeals 19 November 2009.
Attorney General Roy A. Cooper, III, by Assistant Attorney General Daniel P. O'Brien, for the State. J. Clark Fischer, for defendant-appellant.
Wake County No. 08CRS19033
On 31 December 2008, the trial court denied defendant's motion to suppress. On or about 21 August 2008, defendant entered a guilty plea to possession of a firearm by a convicted felon, reserving the right to appeal from the denial of the motion to suppress, but defendant did not give notice of appeal in open court at the time of entry of his guilty plea. After entry of judgment upon the guilty plea, defendant filed a written notice of appeal as to the order denying his motion to suppress but did not appeal his final judgment. As defendant has only appealed from the denial of his motion to suppress, and not from his final judgment, we have no jurisdiction to hear this appeal. See N.C. Gen. Stat. § 15A-979(b) (2007) ("An order finally denying a motion to suppress evidence may be reviewed upon an appeal from a judgment of conviction, including a judgment entered upon a plea of guilty."); accord State v. Turner, 305 N.C. 356, 361-62, 289 S.E.2d 368, 372 (1982). Accordingly, we do not have jurisdiction to consider defendant's appeal, and we must therefore dismiss.
DISMISSED.
Judges HUNTER, JR. and ERVIN concur.
Report per Rule 30(e).