State v. Gunter

In State v. Gunter, 111 N.C. App. 621, 433 S.E.2d 191 (1993), the defendant was charged with misdemeanor DWI by citation in district court. While the defendant's case was pending, a grand jury issued a presentment to the district attorney requesting that he investigate the misdemeanor DWI offense. The grand jury later indicted the defendant for the misdemeanor DWI. The charges in district court were dismissed, and the defendant was tried and convicted in superior court of misdemeanor DWI. Id. at 623, 433 S.E.2d at 192. On appeal, the defendant claimed that the district court had exclusive jurisdiction over his case pursuant to N.C. Gen. Stat. 7A-272. Id. at 623, 433 S.E.2d at 193. The Court disagreed and affirmed the defendant's conviction. We first noted that under the jurisdictional exceptions listed in N.C. Gen. Stat. 7A-271(a), the superior court has jurisdiction to try a misdemeanor case "when the charge is initiated by a presentment." N.C. Gen. Stat. 7A-271(a)(2) (2007). Therefore, we held that even though the case "was properly under the jurisdiction of the district court and not the superior court when the citation was issued," id. at 624, 433 S.E.2d at 193, the subsequent presentment by the grand jury brought the action "properly within the jurisdiction of the superior court pursuant to N.C.G.S. 7A- 271(a)(2)." Id. at 625, 433 S.E.2d at 194.