DocketNumber: No. COA18-291
Citation Numbers: 822 S.E.2d 790
Judges: Dietz
Filed Date: 2/5/2019
Status: Precedential
Modified Date: 7/29/2022
Defendant Eddie Charles Clark Jr. appeals his convictions for various misdemeanor offenses. As explained below, the record on appeal does not establish that the superior court, which heard these misdemeanor charges in the first instance, had subject matter jurisdiction. Specifically, the record does not contain any documentation that the State pursued these charges through presentment by the grand jury. Under controlling precedent from our Supreme Court, we are therefore constrained to vacate the trial court's judgments.
Facts and Procedural History
On 3 April 2017, the State indicted Eddie Charles Clark Jr. in superior court for driving while impaired, reckless driving, injury to real property, resisting a public officer, and two counts of communicating threats. All of these charges are misdemeanors. The case went to trial on 26 June 2017 and the jury convicted Clark of reckless driving, resisting a public officer, and two counts of communicating threats. The trial court sentenced Clark to two consecutive 45-day terms in prison for each count of communicating threats. The trial court also sentenced Clark to active sentences of 45 days each for resisting a public officer and reckless driving, but suspended those sentences and placed Clark on supervised probation. Clark timely appealed.
Analysis
We begin by addressing a jurisdictional defect in the record on appeal. Ordinarily, the district court has exclusive, original jurisdiction over a criminal prosecution involving only misdemeanor charges. N.C. Gen. Stat. § 7A-272(a). But the superior court may hear a misdemeanor charge in the first instance "[w]hen the charge is initiated by presentment." Id. § 7A-271(a)(2). A presentment is "a written accusation by a grand jury, made on its own motion and filed with a superior court, charging a person ... with the commission of one or more criminal offenses." Id. § 15A-641(c). The presentment statute obligates district attorneys "to investigate the factual background of every presentment returned in [their] district and to submit bills of indictment to the grand jury dealing with the subject matter of any presentments when it is appropriate to do so." Id.
This Court recently reaffirmed that, because of the timing described in N.C. Gen. Stat. § 15A-641, the presentment cannot be the same document as the indictment. See State v. Baker , --- N.C. App. ----, --- S.E.2d ----,
Moreover, under Petersilie , if the record on appeal fails to include both the presentment and the indictment, and thus fails to establish the subject matter jurisdiction of the trial court, "the appropriate action on the part of the appellate court is to arrest judgment or vacate any order entered without authority."
Here, as in Petersilie , the record on appeal does not establish the trial court's subject matter jurisdiction because it does not contain separate presentment documents, only the indictments. Thus, under controlling precedent from our Supreme Court, we are constrained to vacate the trial court's judgments.
Conclusion
The trial court's judgments entered 29 June 2017 are vacated for lack of subject matter jurisdiction.
VACATED.
Report per Rule 30(e).
Judges BRYANT and INMAN concur.