Criminal Practice – Appeals – Oral Notice – Day After Judgment – Dismissed

On 15 June 2022, the jury returned a guilty verdict, defendant was sentenced and judgment was entered. The following day, 16 June 2022, defense counsel entered oral notice of appeal in open court. Oral notice of appeal is only effective if given at the time of trial; thereafter, notice of appeal must be filed with the clerk of court. Defendant’s notice of appeal was untimely.

Appeal dismissed.

State v. Horton (Lawyers Weekly No. 012-202-23, 6 pp.) (John Tyson, J.) Appealed from Duplin County Superior Court (Frank Jones, J.) Jessica Sutton for appellee; John Korzen for appellant. North Carolina Court of Appeals (unpublished)