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STATE OF NORTH CAROLINA v. CURTIS BALDWIN SHOFF

Appeal and Error § 115 (NCI4th) — order denying double jeopardy claim — no immediate appeal The Court of Appeals correctly held that an order denying defendant's motion to dismiss a driving while impaired charge on double jeopardy grounds was interlocutory and nonappealable.

Am Jur 2d, Appellate Review § 239.

PER CURIAM.

The Court of Appeals correctly held that the order at issue was interlocutory and nonappealable. State v. Henry, 318 N.C. 408, 348 S.E.2d 593 (1986). The decision of the Court of Appeals is therefore

AFFIRMED.

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STATE v. SHOFF
(Feb 1, 1996)