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Criminal Practice – Appeals – No Contest Plea – Petition for Certiorari – Anders Brief

Defendant’s pro se written notice of appeal was not timely filed, does not designate the court to which appeal is taken, was not timely served on the state, and is not accompanied by a certificate of service. These violations of the appellate rules deprive this court of jurisdiction.

Although defendant also filed a petition for writ of certiorari, his counsel filed a no-merit brief, and defendant has not identified any issue that he has a statutory right to appeal or which was not mooted by his no-contest plea.

We decline to issue our writ of certiorari, and we dismiss defendant’s appeal.

State v. Ferguson (Lawyers Weekly No. 012-472-22, 6 pp.) (Fred Gore, J.) Appealed from Wilkes County Superior Court (John Craig, J.) Daniel O’Brien and Benjamin Szany for the state; Katy Dickinson-Schultz for defendant. 2022-NCCOA-764


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