Court of Appeals of North Carolina, 1971

State v. Rowland

State v. Rowland
Court of Appeals of North Carolina · Decided December 15, 1971 · Britt, Brock, Vaughn
13 N.C. App. 253; 185 S.E.2d 296; 1971 N.C. App. LEXIS 1222

State v. Rowland

Opinion of the Court

VAUGHN, Judge.

Defendant’s only assignment of error is as follows:

“The trial court erred in sentencing the defendant after the State accepted the defendant’s plea of guilty to driving while license revoked, a general misdemeanor, 20-28, Section A, since the District Court and not the Superior Court has original jurisdiction over misdemeanors and therefore the trial court did not have jurisdiction to sentence the defendant upon a plea of guilty to a misdemeanor.”

This assignment of error is without merit. Defendant’s appeal to the superior court gave that court the same jurisdiction as the district court had in the first instance. G.S. 7A-271-(a)5 *254and G.S. 7A-271(b). The judgment of the superior court is affirmed.

Affirmed.

Judges Brock and Britt concur.

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