April 26, 2019
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) […]
November 9, 2010
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 […]
May 17, 2010
When an inmate is convicted of multiple crimes and given consecutive active sentences, does the order in which the judge stacks them matter? A number of people have told me […]
April 8, 2010
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 […]
January 21, 2010
I haven’t done any sort of official tally, but I think the most common sentencing error in North Carolina might be sentencing the defendant to an improper period of probation. […]
November 23, 2009
A while ago, Alyson Grine and I wrote a post about consecutive sentences for misdemeanors. In it, we discussed the rule that when a court elects to impose consecutive sentences […]
June 11, 2009
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 […]
June 2, 2009
by School of Government faculty members Jamie Markham and Alyson Grine Suppose Ronald is convicted of six counts of communicating threats, a Class 1 misdemeanor. Ronald has three prior convictions, […]
February 4, 2009
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 […]