in the Court of Appeals 3 September 2019.
by Defendant from an order entered on 18 September 2018 by
Judge Paul C. Ridgeway in Wake County No. 14CR754465 Superior
Attorney General Joshua H. Stein, by Assistant Attorney
General Joseph L. Hyde, for the State.
Appellate Defender Glenn Gerding, by Assistant Appellate
Defender Nicholas C. Woomer-Deters, for Defendant.
S. O. Bryant ("Defendant") appeals from the
superior court's order entered on 18 September 2018.
Defendant argues the superior court erred in denying her
petition for writ of certiorari, which sought review of a
district court order denying her motion for appropriate
relief. We agree. We therefore reverse the superior
court's order and vacate Defendant's conviction.
September 2014, Defendant was cited with larceny for $14.94
worth of merchandise ("acne toner and towelettes")
from a Wal-Mart store located in Wake County. Specifically,
the citation stated:
The officer named below has probable cause to believe that on
or about Saturday, the 06 day of
September, 2014, at 03:08 PM in
the county named above you did unlawfully and willfully
STEAL, TAKE, AND CARRY AWAY (ACNE TONER AND TOWELETTES), THE
PERSONAL PROPERTY OF (WAL-MART STORES INC. STORE#1372, 4500
FAYETTEVILLE RD, RALEIGH, NC 27603), SUCH PROPERTY HAVE A
VALUE OF ($14.94). (G.S. 14-72(A)).
to a plea agreement with the State, Defendant pleaded guilty
to the purportedly amended charge of shoplifting on 3 March
2015. The prosecutor reduced the charge by drawing a line
through the capitalized text, handwrote
"Shoplifting," and beside the word initialed her
name with the date. The trial court entered judgment against
Defendant for shoplifting by concealing merchandise-defined
under N.C. Gen. Stat. § 14.72.1(a). Defendant was
sentenced to a suspended sentence of 15 days imprisonment and
placed on nine months of supervised probation.
August 2018, Defendant filed a motion for appropriate relief
in Wake County District Court challenging her conviction. The
Honorable Louis B. Meyer denied her motion in an order dated
12 September 2018.
September 2018, Defendant filed a petition for writ of
certiorari in Wake County Superior Court seeking reversal of
the order denying her motion for appropriate relief. The
Honorable Paul C. Ridgeway entered an order denying her
petition on 18 September 2018.
sought review of that decision and filed a petition for writ
of certiorari in this Court, which ...