December 1, 2025
For many years, it has been the rule in North Carolina that when multiple sentences of imprisonment are imposed, they run concurrently by default. That has been required by statute since 1977. G.S. 15A-1354. And that statute carried forward prior law that “sentences are to run concurrently unless otherwise specified.” Id. Official Commentary. Effective today, that default rule is removed.
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) agrees on how the sentences will be served relative to one another.
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 […]