State v. Downing

• Court: Court of Appeals of North Carolina
• Decided: October 15, 2025
• Docket: 25-428
• Status: Unpublished

Opinion

An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.

IN THE COURT OF APPEALS OF NORTH CAROLINA

No. COA25-428

Filed 15 October 2025

Washington County, Nos. 20CR050150-930, 20CR050180-930

STATE OF NORTH CAROLINA

v.

CHESTER EUGENE DOWNING, Defendant.

Appeal by defendant from judgment entered 6 May 2024 by the Honorable

Marvin K. Blount III in Washington County Superior Court. Heard in the Court of

Appeals 8 September 2025.

Attorney General Jeff N. Jackson, by Assistant Attorney General Hillary F. Patterson, for the State.

Appellate Defender Glenn Gerding, by Assistant Appellate Defender James R. Grant, for defendant-appellant.

PER CURIAM.

Defendant Chester Eugene Downing appeals from the trial court’s judgment

following a guilty plea convicting him of two counts of felony possession of cocaine.

On appeal, Defendant requests this Court exercise its discretion to grant his Petition

for Writ of Certiorari (“PWC”) and perform an Anders review of the Record. After STATE V. DOWNING

Opinion of the Court

careful review, we deny Defendant’s PWC and dismiss the appeal.

I. Factual and Procedural Background

In 2020, the Washington County Grand Jury indicted Defendant for possession

of drug paraphernalia, possession of marijuana, possession of cocaine, possession of

cocaine with intent to sell or deliver, and possession of cocaine within 1,000 feet of a

public park.

On 6 May 2024, Defendant appeared for trial pro se, after his three previous

attorneys had withdrawn. Prior to jury selection, the State indicated to the trial court

that it had reached a plea agreement with Defendant. Pursuant to the agreement,

Defendant would plead guilty to two counts of possession of cocaine in exchange for

the State to dismiss the other charges. Following the trial court’s plea colloquy with

Defendant, the trial court entered two consecutive judgments sentencing Defendant

to 9–20 months’ imprisonment for each charge.

On 8 May 2024, Defendant filed a motion to withdraw his guilty plea. On 28

May 2024, Defendant filed a second motion to withdraw his guilty plea. On 9 July

2024, Defendant filed a motion to appeal. On 18 July 2024, the trial court entered an

“Order of Denial of Motion to Withdraw Guilty Plea and Order Granting Appeal.” The

trial court’s order purported to “allow the Defendant, by way of Certiorari to appeal”

to this Court.

II. Discussion

-2- STATE V. DOWNING

Defendant petitions this Court for writ of certiorari. Rule 4 of the North

Carolina Rules of Appellate Procedure provides that notice of appeal from a criminal

case may be taken by “(1) giving oral notice of appeal at trial, or (2) filing notice of

appeal with the clerk of superior court and serving copies thereof upon all adverse

parties within fourteen days after entry of the judgment or order[.]” N.C.R. App. P.

4(b) (2023). Defendant failed to give timely notice of appeal by filing a motion to

appeal approximately two months after judgment was entered.

“[W]hen a defendant has not properly given notice of appeal, this Court is

without jurisdiction to hear the appeal.” State v. McCoy, 171 N.C. App. 636, 638

(2005). When a defendant’s notice of appeal is defective, this Court may issue a PWC

“in appropriate circumstances . . . to permit review of the judgment and orders of trial

tribunals when the right to prosecute an appeal has been lost by failure to take timely

action[.]” N.C.R. App. P. 21(a)(1); see also State v. Smith, 292 N.C. App. 662, 665

(2024). “Certiorari is a discretionary writ, to be issued only for good and sufficient

cause shown.” State v. Rouson, 226 N.C. App. 562, 564 (2013) (citation omitted)

(emphasis in original). In order to determine good or sufficient cause, the issues

Defendant raises must first be discerned for merit. See Cryan v. Nat’l Council of

Young Men’s Christian Ass’ns of United States, 384 N.C. 569, 572 (2023).

Defendant’s appellate counsel filed a brief on appeal pursuant to Anders v.

California, 386 U.S. 738 (1967), and State v. Kinch, 314 N.C. 99 (1985). In accordance

with the requirements set forth in Anders and Kinch, counsel states in his brief that

-3- STATE V. DOWNING

he is “unable to identify any issue with sufficient merit to support an argument for

relief on appeal,” but “respectfully asks this Court to conduct a full and independent

review of the [R]ecord.”

In his brief, Defendant’s counsel directs our attention to eight potential issues

on appeal: (1) the sufficiency of Defendant’s indictment, (2) compliance with N.C.G.S.

§ 15A-1242 (2023), (3) denial of Defendant’s motion to suppress, (4) the factual basis

for plea, (5) Defendant’s prior record level and sentences, (6) knowing and voluntary

plea, (7) denial of Defendant’s motion to withdraw plea, and (8) post-judgment

motions.

Defendant argues that granting his PWC “would serve the interests of justice

to allow appellate review of [Defendant’s] criminal conviction where all parties and

the trial court are shown to have understood his intent and desire to appeal.”

Defendant specifically contends the issues raised on appeal are “good cause,” but fails

to establish why the issues warrant good or sufficient cause. See Rouson, 226 N.C.

App. at 564. Defendant merely states the topics of issues appealed and makes no

further argument. After a full and independent review of the Record, we discern there

is no merit to the issues Defendant has raised. See Anders, 396 U.S. at 744; see also

Kinch, 314 N.C. at 102. Accordingly, we deny Defendant’s PWC and dismiss the

appeal.1

1 Because we dismiss this appeal, we deny the State’s motion to dismiss appeal.

-4- STATE V. DOWNING

DISMISSED.

Panel consisting of Judges GORE, FLOOD, and STADING.

Report per Rule 30(e).

-5-