State v. Bryan, 230 N.C.App. 324, 749 S.E.2d 900 (Nov. 5, 2013)

Because the State failed to file a certificate as required by G.S. 15A-1432(e), the appellate court lacked jurisdiction over the appeal. In district court the defendant moved to dismiss his DWI charge on speedy trial grounds. When the district court issued an order indicating its preliminary approval of the defendant’s motion, the State appealed to superior court. The superior court remanded to the district court for additional factual findings. Once the superior court received further findings of fact, it affirmed the district court’s preliminary order and remanded the case to district court with orders to affirm the dismissal. After the district court issued its final judgment, the State again appealed and the superior court affirmed the district court’s judgment. The court determined that G.S. 15A-1432(e), not G.S. 15A-1445(a)(1), applied to the State’s appeal to the appellate division. Because the State failed to comply with G.S. 15A-1432(e)’s certificate requirement, the court had no jurisdiction over the appeal.