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

Prior Record for Recidivist (and Recidivist-ish) Crimes

I am frequently asked about what convictions may count toward a defendant’s prior record level in prosecutions under the habitual felon law and other similar laws, like habitual impaired driving. For habitual felon prosecutions, the answer is pretty clear—G.S. 14-7.6 says convictions used to establish a person’s status as an habitual felon may not also … Read more

Relief from (Un?)Fair Sentencing

One of our loyal readers asked for our take on the provision in the motion for appropriate relief (MAR) statute that allows a defendant to seek relief at any time when “[t]here has been a significant change in law, either substantive or procedural, applied in the proceedings leading to the defendant’s conviction or sentence, and … Read more

Jail Credit for Split Sentences (Isn’t That Special?)

Editor’s note: SOG faculty member Alyson Grine — today’s guest blogger — holds the position of Defender Educator. As her title suggests, her principal client group is public defenders and court-appointed lawyers, but she frequently addresses issues of concern to all participants in the criminal justice system. Assistant Public Defender “Tom” from eastern North Carolina … Read more

Banned from the County

The First Circuit recently upheld a district court’s imposition of a special condition of supervised release banning two convicted drug dealers from Suffolk County, Massachusetts (basically, Boston) during the entirety of their eight- and twelve-year periods of supervision (United States v. Garrasteguy). The case caught my eye for two reasons. First, that’s a long time … Read more

Juvenile Adjudications . . . Aggravating

An article in last Saturday’s paper talked about Governor Perdue’s proposed changes to the probation system. Part of her plan would give probation officers access to probationers’ juvenile records, which reminded me of a related issue I have been meaning to write about: using juvenile adjudications as an aggravating factor at sentencing. Under G.S. 15A-1340.16(d)(18a), … Read more

Proposed Changes to Sentencing Laws

With the growing prison population and the shrinking budget, there’s some talk of changes to North Carolina’s sentencing laws. An article in the paper last week made general reference to sentencing alternatives proposed by the Sentencing and Policy Advisory Commission. I thought people might be interested in knowing a little more about the specifics of … Read more