January 11, 2011
We’re trying something novel today. Jamie Markham has prepared our first video blog post, in which he highlights sentencing and corrections stories to follow in 2011. It includes a discussion […]
December 15, 2010
A trial court is free to consider all kinds of information about a defendant when deciding on a sentence. See State v. Pope, 257 N.C. 326 (1962) (“[I]t would not […]
November 23, 2010
In 2002, David Hurt pled guilty to second-degree murder. Over the next several years his case bounced back and forth between the trial and appellate courts based on problems with […]
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 […]
August 27, 2010
In 2009 the General Assembly ordered the Administrative Office of the Courts and the Department of Correction to study the feasibility of conducting presentence investigations on “all offenders convicted of […]
July 7, 2010
The court of appeals issued its decision yesterday in a case called State v. Miller. It answers a question I get asked a lot: Can an active sentence be served […]
July 1, 2010
Some crimes have their own sentencing regime—impaired driving, drug trafficking, and first-degree murder to name a few. There are also crimes that fall under Structured Sentencing but that also have […]
January 4, 2010
Defendants often stipulate to prior convictions for the purpose of establishing their prior record level. Form AOC-CR-600, the prior record level/prior conviction level worksheet, includes a section (Section III, at […]
December 21, 2009
I wrote here about grossly aggravating factors (GAFs) and Level One and Two punishment in impaired driving cases sentenced under G.S. 20-179, leaving discussion of Level Three, Four, and Five […]
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 […]