Opinion
No. 214P22
12-13-2022
STATE of North Carolina v. Jonathan Daniel ORE
Candace Washington, Assistant Appellate Defender, For Ore, Jonathan Daniel. Glenn Gerding, Appellate Defender. Brittany K. Brown, Assistant Attorney General, For State of North Carolina. Shelby N. S. Boykin, Assistant Attorney General, For State of North Carolina. Garry W. Frank, District Attorney, For State of North Carolina.
Candace Washington, Assistant Appellate Defender, For Ore, Jonathan Daniel.
Glenn Gerding, Appellate Defender.
Brittany K. Brown, Assistant Attorney General, For State of North Carolina.
Shelby N. S. Boykin, Assistant Attorney General, For State of North Carolina.
Garry W. Frank, District Attorney, For State of North Carolina.
ORDER
This matter is before this Court on defendant's appeal from a unanimous decision of the Court of Appeals, in which two judges concurred by separate opinions. The lead opinion of the Court of Appeals held that the Court of Appeals is "without [statutory] authority to review, either by right or by certiorari, the trial court's modification of defendant's probation." State v. Ore , 283 N.C.App. 524, 2022-NCCOA-380, ¶ 14, 874 S.E.2d 222 (quoting State v. Edgerson , 164 N.C. App. 712, 714, 596 S.E.2d 351, 353 (2004) ). Because this holding conflicts with this Court's opinions in State v. Stubbs , 368 N.C. 40, 770 S.E.2d 74 (2015), State v. Thomsen , 369 N.C. 22, 789 S.E.2d 639 (2016), State v. Ledbetter , 371 N.C. 192, 814 S.E.2d 39 (2018), and State v. Killette , 381 N.C. 686, 2022-NCSC-80, 873 S.E.2d 317, that portion of the Court of Appeals’ opinion is vacated. Similarly, the portion of Edgerson relied on by the lead opinion is overruled. The concurring opinions in the Court of Appeals, which cite to this Court's cases above and state that the Court of Appeals "ha[s] the authority to review this issue by certiorari," Ore , 2022-NCCOA-380, ¶ 52, 874 S.E.2d 222, accurately reflect the law. Accordingly, this case is remanded to the Court of Appeals for reconsideration of defendant's petition for writ of certiorari to review the trial court's modification of probation, consistent with this order. The portion of the Court of Appeals’ decision reviewing the trial court's order holding defendant in contempt remains undisturbed.
By order of the Court in Conference, this the 13th day of December 2022.