State v. Washington

• Court: Court of Appeals of North Carolina
• Decided: August 20, 2025
• Docket: 24-1125
• Status: Unpublished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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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. COA 24-1125

Filed 20 August 2025

Sampson County, Nos. 15CRS052339, 15CRS052346

STATE OF NORTH CAROLINA

v.

SCILEEK PHUQWAN WASHINGTON

Appeal by defendant from judgment entered 12 September 2023 by Judge L.

Lamont Wiggins in Sampson County Superior Court. Heard in the Court of Appeals

31 July 2025.

Attorney General Jeff Jackson, by Assistant Attorney General Jordan Turner, for the State.

John E. Ryan III, for defendant-appellant.

PER CURIAM.

Scileek Washington (“defendant”) appeals from a civil judgment entered

following his conviction of second-degree murder and possession of a firearm by a

felon. The judgment awarded attorney fees and restitution in the amount of

$5,000.00. Defendant contends the trial court erred by entering the civil judgment

without first conducting a colloquy with defendant. Defendant has additionally filed STATE V. WASHINGTON

Opinion of the Court

a petition for writ of certiorari (“PWC”) to supplement his oral notice of appeal. For

the following reasons, in our discretion, we deny the PWC and dismiss the appeal.

I. Background

On 16 September 2015, at approximately 7:00 p.m., Benjamin Cunningham

was shot and killed in Clinton, North Carolina. {Tr. 294-95, 317.} That night, Michael

Cunningham, the victim’s son, was visiting Benjamin at his home as he prepared to

attend church. {Tr. 371-72.} When his father walked outside and into the driveway

he was shot. {Tr. 375.} Michael heard a loud noise, ran outside, and discovered

Benjamin’s body. {Tr. 374.} As he approached his father’s body Michael noted a

vehicle backing out of the driveway, away from Benjamin’s body. {Tr. 374-75.}

Based on Michael’s description, the police later located the car that had backed

out of the driveway. {Tr. 378-79.} Although Michael could not make out who was in

the car, two of the car’s passengers later identified defendant as the individual who

shot Benjamin. {Tr. 441-42, 553-54.} Additionally, defendant was linked to the crime

scene when a partially smoked cigarette found at the scene contained his DNA. {Tr.

801.}

The jury convicted defendant of second-degree murder and possession of a

firearm by a felon. {R. 19,20.} At sentencing, the trial court ordered “that all monies,

to include any award for attorney fees . . . be docketed as a civil judgment, once they

are approved by the State.” {Tr. 927.} However, the trial court did not specify the

amount of attorney fees to be awarded. The State sought to recover restitution, and

-2- STATE V. WASHINGTON

the court awarded $5,000.00 in restitution to the North Carolina Crime Victims’

Compensation Fund. {Tr. 927, 930.} It was docketed as a civil judgment. {Tr. 930.}

A colloquy regarding fees was not conducted. {Tr. 928.} Defendant objected to his

ability to pay restitution to the Crime Victims’ Compensation Fund but did not object

to references about attorney fees or the docketing of any fees as civil judgments.

Additionally, it does not appear that a specific award of attorney fees has been

entered against defendant since the entry of the civil judgment.

Defendant orally appealed in open court. {Tr. 27.} Defendant also filed his

PWC on 9 April 2025.

II. Discussion

Defendant contends the trial court erred in entering a civil judgment without

conducting a colloquy. We first address defendant’s PWC.

For this Court to have jurisdiction over a criminal defendant’s appeal, the

defendant must comply with Rule 4 of the North Carolina Rules of Appellate

Procedure. State v. Hughes, 210 N.C. App. 482, 484, 707 S.E.2d 777, 778 (2011).

Pursuant to Rule 4, a defendant must give oral notice of appeal in open court or file

written notice of appeal with the superior court clerk within fourteen days of the

ruling or entry of the judgment. However, civil judgments, such as those for

attorney’s fees, require a defendant to comply with Rule 3(a), which requires written

notice of appeal. State v. Smith, 188 N.C. App. 842, 845, 656 S.E.2d 696, 697 (2008).

-3- STATE V. WASHINGTON

Where there is a defective notice of appeal, this Court may issue a writ of

certiorari in “appropriate circumstances” to “permit review of the judgments and

orders of trial tribunals” when (1) “the right to prosecute an appeal has been lost by

failure to take timely action,” (2) “no right of appeal from an interlocutory order

exists,” or (3) “for review . . . of an order of the trial court ruling on a motion for

appropriate relief.” N.C. R. App. P. Rule 21(a)(1).

Certiorari is a discretionary writ which may “be issued only for good or

sufficient cause shown,” and must “show merit or that [petitioner] has reasonable

grounds for asking that the case be brought up and reviewed on appeal.” In re

Snelgrove, 208 N.C. 670, 671–72, 182 S.E. 335 (1935) (citation omitted). Additionally,

a writ of certiorari “should issue only if there are ‘extraordinary circumstances’ to

justify it.” Cryan v. Nat’l Council of Young Men’s Christian Ass’ns of U.S., 384 N.C.

569, 572, 887 S.E.2d 848, 851 (2023) (quoting Moore v. Moody, 304 N.C. 719, 720,

285 S.E.2d 811 (1982)). “There is no fixed list of ‘extraordinary circumstances’ that

warrant certiorari review, but this factor generally requires a showing of substantial

harm, considerable waste of judicial resources, or ‘wide-reaching issues of justice and

liberty at stake.’ ” Id. at 573, 887 S.E.2d at 851 (citation omitted). “Ultimately, the

decision to issue a writ of certiorari rests in the sound discretion of the presiding

court.” Id.

In State v. Friend, this Court issued a writ of certiorari to review an appeal of

a criminal judgment and civil judgment for attorney’s fees where the defendant

-4- STATE V. WASHINGTON

appealed the criminal judgment one day after the judgment was entered and failed

to enter written notice of appeal from the civil judgment. State v. Friend, 257 N.C.

App. 516, 519, 809 S.E.2d 902, 905 (2018). However, this Court noted that it was

“less common . . . to allow a petition for a writ of certiorari where a litigant failed to

timely appeal a civil judgment[,]” and that certiorari was granted because the

defendant’s argument was meritorious. Id.

Here, defendant orally noticed his appeal after sentencing, but he did not file

a written notice of appeal from the civil judgment nor take any other action to renew

his appeal. Furthermore, upon reviewing the record, the amount of the attorney fees

award was never specified, and no attorney fees were actually levied against

defendant. Accordingly, there is no meritorious issue for review, and pursuant to

Smith and Friend, defendant’s PWC is denied and the appeal is dismissed.

III. Conclusion

For the foregoing reasons, we decline to grant the defendant’s petition for writ

for certiorari due to its failure to identify a viable issue committed below and dismiss

the appeal.

DISMISSED.

Panel consisting of Judges ARROWOOD, STADING, and MURRY.

Report per Rule 30(e).

-5-