The Prior Probation Violation Aggravating Factor
One of the statutory aggravating factors for felony sentencing is that the defendant has, during the 10-year period prior to the commission of the offense now being sentenced, been found […]
October 27, 2016
The Right Way to Find the “Under Supervision” Prior Record Level Bonus Point
A person convicted of a felony is eligible for an additional prior record point if “the offense was committed while the offender was on supervised or unsupervised probation, parole, or […]
October 26, 2016
Alleging Aggravating Factors in a DWI Prosecution
A defendant charged in district court with the misdemeanor crime of driving while impaired cannot ascertain from the charging document whether he is subject to sentencing at Level A1 (the […]
March 29, 2016
Weighing Aggravating and Mitigating Factors
Much has been written—and much of it by the Supreme Court—on the proper way to find aggravating factors for sentencing. After Apprendi v. New Jersey, Blakely v. Washington, and countless cases at […]
January 14, 2016
The “Evidence Necessary to Prove an Element” Limitation on Aggravating Factors
Under G.S. 15A-1340.16(d), “[e]vidence necessary to prove an element of the offense shall not be used to prove any factor in aggravation.” The general idea behind that rule is to […]
July 1, 2015
Proper Procedure for Aggravating Factors
Not many sentences come from the aggravated range—four percent in Fiscal Year 2013/14, according to the North Carolina Sentencing and Policy Advisory Commission. But when you use the aggravated range, […]
February 5, 2014
Presumptive Sentences in DWI Cases
Author’s Note: The opinion discussed below was withdrawn on February 4, 2014 and replaced by an opinion discussed here. How can a sentencing factor found by a judge that […]
July 11, 2013
Uncontroverted Mitigating Factors
Suppose a defendant convicted of a felony has a slam dunk mitigating factor. Let’s say, for example, that he has been honorably discharged from the military, which is a statutory […]
May 22, 2012
Notice of Aggravating Factors Under G.S. 20-179
Last July, Jamie Markham provided this refresher on aggravating factors in structured sentencing cases in which he discussed, among other provisions, the requirement that the State provide a defendant with […]
May 9, 2012
Another Look at the DWI Super-Aggravator in G.S. 20-179(c)(4)
Last summer I wrote this post about amendments to the fourth grossly aggravating factor applicable to sentencing for impaired driving, namely the factor in G.S. 20-179(c)(4) that elevates punishment for […]
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