Confrontation Rights Apply at Sentencing in Noncapital Cases
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
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 […]
August 27, 2010
Presentence Reports and Sentencing Plans
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
Noncontinuous Active Sentences
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
Sentencing for Shoplifting
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
Stipulations to Questions of Law for Sentencing Purposes
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
Level 3, 4 and 5 Punishment in Impaired Driving Cases
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
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 […]
November 5, 2009
Sentencing in Impaired Driving Cases
I first encountered North Carolina’s impaired driving sentencing scheme several years ago when I worked as an Assistant Federal Public Defender for the Eastern District of North Carolina. I represented […]
October 23, 2009
Electing to Serve a Sentence
Suppose a defendant is convicted of a crime and the judge wants to (or, in a “C” or “C/I” cell in the sentencing grid, has to) suspend the sentence. Can […]
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