15A-270. Post-test procedures.
(a) Notwithstanding any other provision of law, upon receiving the results of the DNA testing conducted under G.S. 15A-269, the court shall conduct a hearing to evaluate the results and to determine if the results are unfavorable or favorable to the defendant.
(b) If the results of DNA testing conducted under this section are unfavorable to the defendant, the court shall dismiss the motion and, in the case of a defendant who is not indigent, shall assess the defendant for the cost of the testing.
(c) If the results of DNA testing conducted under this section are favorable to the defendant, the court shall enter any order that serves the interests of justice, including an order that does any of the following:
(1) Vacates and sets aside the judgment.
(2) Discharges the defendant, if the defendant is in custody.
(3) Resentences the defendant.
(4) Grants a new trial. (2001-282, s. 4.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 15A - Criminal Procedure Act
Article 13 - DNA Database and Databank.
§ 15A-266.3 - Establishment of State DNA database and databank.
§ 15A-266.3A - DNA sample required for DNA analysis upon arrest for certain offenses.
§ 15A-266.5 - Tests to be performed on DNA sample.
§ 15A-266.5A - Statewide sexual assault examination kit testing protocol.
§ 15A-266.6 - Procedures for obtaining DNA sample for analysis; refusal to provide sample.
§ 15A-266.7 - Procedures for conducting DNA analysis of DNA sample.
§ 15A-266.8 - DNA database exchange.
§ 15A-266.9 - Cancellation of authority to exchange DNA records.
§ 15A-266.11 - Unauthorized uses of DNA Databank; penalties.
§ 15A-266.12 - Confidentiality of records.
§ 15A-267 - Access to DNA samples from crime scene.
§ 15A-268 - Preservation of biological evidence.
§ 15A-269 - Request for postconviction DNA testing.
§ 15A-270 - Post-test procedures.
§ 15A-270.1 - Right to appeal denial of defendant's motion for DNA testing.