Opinion
No. COA02-1608
Filed 15 July 2003 This case not for publication
Appeal by defendant from judgment entered 27 August 2002 by Judge Mark E. Klass in Davidson County Superior Court. Heard in the Court of Appeals 7 July 2003.
Roy Cooper, Attorney General, by Jane T. Hautin, Assistant Attorney General, for the State. Gary C. Rhodes, for defendant-appellant.
Davidson County No. 01 CRS 59792, 01 CRS 59793.
Defendant, Tonya Humphries Robinson, pled guilty to taking property by false pretenses in exchange for dismissal of charges of forgery and uttering. The court imposed a sentence of a minimum of six and a maximum of eight months. The court suspended the sentence and placed defendant on supervised probation for 24 months.
In her sole assignment of error, defendant contends the court erred by accepting her plea, entered pro se, without making further inquiry to determine that her waiver of counsel was intelligently and voluntarily made and intended to waive all counsel.
We do not address the merits of this assignment of error. A defendant who has entered a plea of guilty is not entitled to appellate review as a matter of right unless the defendant is raising error in the imposition of sentence, the denial of a motion to suppress, or the denial of a motion to withdraw the guilty plea. State v. Pimental, 153 N.C. App. 69, 73, 568 S.E.2d 867, 870, disc. rev. denied, 356 N.C. 442, 573 S.E.2d 163 (2002). Defendant does not contest the sentence imposed or any order denying a motion to suppress or motion to withdraw the plea. We therefore allow the State's motion to dismiss the appeal.
We note that the dismissal is without prejudice to defendant's right to file in the trial court a motion for appropriate relief or a motion to withdraw the plea.
DISMISSED.
Judges WYNN and TYSON concur.
Report per Rule 30(e).