NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

CHAPTER 723

HOUSE BILL 896

AN ACT TO CLARIFY WHICH COURT IN THE APPELLATE DIVISION HAS JURISDICTION IN STATE'S APPEALS FROM PRETRIAL SUPPRESSION HEARINGS.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 15A-979(c), as it appears in 1978 Replacement Volume 1C, is hereby amended by adding at the end thereof the following:

"The appeal is to the appellate court that would have jurisdiction if the defendant were found guilty of the charge and received the maximum punishment. If there are multiple charges affected by a motion to suppress, the ruling is appealable to the court with jurisdiction over the offense carrying the highest punishment."

Sec. 2.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 31st day of May, 1979.