Consolidation of Sentences

North Carolina sentencing law allows multiple convictions to be consolidated for sentencing. Consolidation of felonies is governed by G.S. 15A-1340.15(b); G.S. 15A-1340.22(b) covers misdemeanors. The rule is the same for both types of crimes: when you consolidate offenses for judgment, the court imposes a single judgment, with a single sentence appropriate for the defendant’s most serious conviction. It’s a pretty extraordinary thing when you think about it. Notwithstanding all the fine-tuned, mandatory math that goes into the sentencing of a single offense under Structured Sentencing, the law allows virtually unfettered discretion to disregard all but the most serious offense for a defendant convicted of multiple crimes. Today’s post collects some of the rules for consolidation.

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Most Serious Offense for Consolidation Purposes

When a defendant is convicted of more than one offense at the same time, the court may consolidate the offenses for judgment. The sentence for that judgment is driven by the “most serious offense” among the consolidated convictions. G.S. 15A-1340.15(b). Today’s post considers some issues related to the determination of which offense in a consolidated judgment is the most serious.

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