§15A-1442. Grounds for correction of error by appellate division

The following constitute grounds for correction of errors by the appellate division.

(1)        Lack of Jurisdiction. -

a.         The trial court lacked jurisdiction over the offense.

b.         The trial court did not have jurisdiction over the person of the defendant.

(2)              Error in the Criminal Pleading. - Failure to charge a crime, in that:

a.         The criminal pleading charged acts which at the time they were committed did not constitute a violation of criminal law; or

b.         The pleading fails to state essential elements of an alleged violation as required by G.S. 15A-924(a)(5).

(3)              Insufficiency of the Evidence. - The evidence was insufficient as a matter of law.

(4)              Errors in Procedure. -

a.         There has been a denial of pretrial motions or relief to which the defendant is entitled, so as to affect the defendant's preparation or presentation of his defense, to his prejudice.

b.         There has been a denial of a trial motion or relief to which the defendant is entitled, to his prejudice.

c.         There has been error in the admission or exclusion of evidence, to the prejudice of the defendant.

d.         There has been error in the judge's instructions to the jury, to the prejudice of the defendant.

e.         There has been a denial of a post-trial motion or relief to which the defendant is entitled, to his prejudice.  This provision is subject to the provisions of G.S. 15A-1422.

(5)              Constitutionally Invalid Procedure or Statute; Prosecution for Constitutionally Protected Conduct. -

a.         The conviction was obtained by a violation of the Constitution of the United States or of the Constitution of North Carolina.

b.         The defendant was convicted under a statute that is in violation of the Constitution of the United States or the Constitution of North Carolina.

c.         The conduct for which the defendant was prosecuted was protected by the Constitution of the United States or the Constitution of North Carolina.

(5a)      Insufficient Basis for Sentence. - The sentence imposed on the defendant is not supported by evidence introduced at the trial and sentencing hearing.

(5b)      Violation of Sentencing Structure. - The sentence imposed:

a.         Results from an incorrect finding of the defendant's prior record level under G.S. 15A-1340.14 or the defendant's prior conviction level under G.S. 15A-1340.21;

b.         Contains a type of sentence disposition that is not authorized by G.S. 15A-1340.17 or G.S. 15A-1340.23 for the defendant's class of offense and prior record or conviction level; or

c.         Contains a term of imprisonment that is for a duration not authorized by G.S. 15A-1340.17 or G.S. 15A-1340.23 for the defendant's class or offense and prior record or conviction level.

(6)        Other Errors of Law. - Any other error of law was committed by the trial court to the prejudice of the defendant.

(1977, c. 711, s. 1; 1979, c. 760, s. 3; 1993, c. 538, s. 26; 1994, Ex. Sess., c. 24, s. 14(b).)