When you open a discussion by saying “I came across a really interesting venue issue the other day,” reactions typically range from “I doubt it” to “could we please talk about something else?”
But hear me out on this one — it’s a puzzler.
concurrent
Federal-State Sentence Interaction: Concurrent and Consecutive Sentences
When a defendant is sentenced for both state and federal crimes, things can get complicated. There are a few traps for the unwary, even when everyone (prosecutor, defendant, and judge) agrees on how the sentences will be served relative to one another.
Contingent Probation Cases
Under G.S. 15A-1346(a), a “period of probation commences on the day it is imposed and runs concurrently with any other period of probation, parole, or imprisonment to which the defendant is subject during that period.” Under that rule, periods of probation may not be stacked. In State v. Canady, 153 N.C. App. 455 (2002), for … Read more
Concurrent Sentencing of Habitual Felons
Under G.S. 14-7.6, when a defendant is sentenced as a habitual felon, his sentence “shall run consecutively with and shall commence at the expiration of any sentence being served” by the defendant. This language sometimes leads lawyers and judges to think that when a defendant is sentenced as a habitual felon for more than one … Read more
Concurrent and Consecutive Sentences Upon Revocation of Probation
Under G.S. 15A-1344(d), a “sentence activated upon revocation of probation commences on the day probation is revoked and runs concurrently with any other period of probation, parole, or imprisonment to which the defendant is subject during that period unless the revoking judge specifies that it is to run consecutively with the other period.” In State … Read more
Consecutive Sentences, Not Put on Ice
A number of people have asked me whether the United States Supreme Court’s recent opinion in Oregon v. Ice (07-901) has any impact on North Carolina sentencing law. The short answer is, No. In Ice, the latest chapter in the Blakely v. Washington, 542 U.S. 296 (2004), saga, a 5–4 majority of the Justices held … Read more