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13 N.C. App. 253

State v. Rowland

Court of Appeals of North Carolina

Decided December 15, 1971

Court of Appeals of North Carolina · decided 1971-12-15

Decided 1971-12-15

VAUGHN, Judge.

¶1Defendant’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.”

¶2This 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.

¶3Affirmed.

Judges Brock and Britt concur.
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