STATE v. ALLEN (2021)

I. Background

¶ 1 Defendant Cody Wayne Allen was tried and found guilty of several crimes. Additionally, the trial court entered civil judgments requiring Defendant to pay $8,531.25 in attorney fees and expenses and a $60.00 attorney appointment fee. Defendant appealed from the criminal judgments orally, but he failed to appeal from the civil judgments properly by failing to provide timely written notice of appeal. See N.C. R. App. P. 3(a). Thus, Defendant filed a petition for writ of certiorari, appealing the civil judgments.

II. Analysis

¶ 2 This appeal concerns only the civil judgments. As Defendant has failed to preserve his appeal, he has petitioned our Court to issue a writ of certiorari. The State does not oppose this petition. In our discretion, we grant Defendant's petition.

¶ 3 Turning to the merits of Defendant's appeal, Defendant argues that he was not given the opportunity to be heard regarding the civil judgments. Indeed, our Supreme Court has held that it is error for a trial court to enter an award for attorney's fees without notice to the defendant and without providing an opportunity to be heard. State v. Crews, 284 N.C. 427, 441-42, 201 S.E.2d 840, 849-50 (1974).

¶ 4 Here, the State concedes that “there is no evidence in the Record establishing that Defendant was provided notice and an opportunity to be heard” as to the civil judgments. We agree and conclude that Defendant is entitled to a new hearing on the matter. Accordingly, we vacate the civil judgments and remand the matter for a hearing, allowing Defendant an opportunity to be heard.

VACATED AND REMANDED.

Report per Rule 30(e).

DILLON, Judge.

Judges CARPENTER and GORE concur.