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.
consecutive
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
The Single Sentence Rule
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 they spend considerable time thinking about the way consecutive sentences are ordered, based on a concern that the order affects the way the Department of … 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
Improper Periods of Probation
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. It came up again this week in State v. Wheeler, so I thought I’d take the opportunity to write about it. The basic rule is … Read more
Consecutive Sentences for Misdemeanors
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 for two or more misdemeanors, the cumulative length of the sentences of imprisonment may not exceed twice the maximum sentence authorized for the class and … 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 for Misdemeanors (a Quiz!)
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, making him prior conviction level II. The facts are bad and the sentencing judge wants to max Ronald out with the longest sentence allowable. What … 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