were his. Virginia Bullins, the probation officer to whom Mr. Rhodes allegedly confessed, also testified at the hearing and corroborated Defendant’s testimony. By order entered 29 July 2011, the trial court concluded that Mr. Rhodes’ confession to Officer Bullins “is newly discovered evidence, clearly pointing to the guilt of another.” The trial court set aside Defendant’s convictions and awarded Defendant a new trial. The State filed its notice of appeal with this Court on 1 August 2011. II. Jurisdiction This appeal is properly before us, as the State appeals from the superior court’s order granting a new trial based upon newly discovered evidence as a matter of right. See N.C. Gen. Stat. § 15A-1445(a)(2) (2011); see also State v. Monroe, 330 N.C. 433, 436, 410 S.E.2d 913, 915 (1991) (<HOLDING>). III. Analysis The State contends the trial
holding that affidavit from a new witness was not newly discovered evidence because trial counsel knew of the existence of the witness before trial trial counsel with due diligence could have discovered the evidence holding seventh state petition for postconviction relief which was based on newly discovered evidence but rejected by the state courts because the evidence was not newly discovered was properly filed holding that nc gen stat  15a1445a2 grants the state an absolute right to appellate review of a superior court order granting defendant a new trial on the ground of newly discovered evidence holding that to obtain a new trial based on newly discovered evidence the defendant must allege facts from which the court may infer diligence on the part of the defendant holding that the defendants evidence did not qualify as newly discovered evidence