Modifying a Sentence upon Revocation of Probation
When a person’s probation is revoked, his or her suspended sentence is generally activated in the same manner in which it was entered by the sentencing judge. But a lot can happen—both good and bad—in...
View ArticleCourt of Appeals Rules on Prior Convictions from New Jersey
Last month, the court of appeals decided State v. Hogan, __ N.C. App. __, 758 S.E.2d 465 (2014), a case about the use of a defendant’s prior convictions from New Jersey in determining the defendant’s...
View ArticleCounting Joined Offenses for Prior Record Points
Before Structured Sentencing we had Fair Sentencing. Under Fair Sentencing, there was no such thing as “prior record level,” but a prior conviction could qualify as an aggravating factor, exposing a...
View Article2015 Sentencing Commission Statistical Report Available
It’s a snow day across much of North Carolina. If your power is on (and your internet connection is working), today’s post will give you something to read by the fire. Allow me to make my annual plug...
View ArticleProper Place of Confinement for a Probation Revocation
Last year I posted a chart summarizing the proper place of confinement (jail, prison, or Statewide Misdemeanant Confinement Program) for various types of imprisonment. The chart covers active...
View ArticleProper Procedure for Aggravating Factors
Not many sentences come from the aggravated range—four percent in Fiscal Year 2013/14, according to the North Carolina Sentencing and Policy Advisory Commission. But when you use the aggravated range,...
View ArticleWeighing Aggravating and Mitigating Factors
Much has been written—and much of it by the Supreme Court—on the proper way to find aggravating factors for sentencing. After Apprendi v. New Jersey, Blakely v. Washington, and countless cases at the...
View Article2016 Sentencing Commission Statistical Report Available
Sentencing nerds rejoice. The North Carolina Sentencing and Policy Advisory Commission released its annual statistical report last week. The report is available here. This year’s report covers data...
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2017 Sentencing Commission Statistical Report Available
It’s a chilly, blustery day in Chapel Hill, but I see signs of spring. The days are getting a little longer. College basketball season kicks into high gear tonight. And there are only four days until...
View ArticleClassifying Prior Convictions for Sentencing Purposes
When determining a defendant’s prior record level for felony sentencing, prior convictions count for points according to their classification as of the offense date of the crime now being sentenced....
View ArticleNew Gang Sentencing Enhancements
Two new sentencing enhancements related to gangs will come into effect for offenses committed on or after December 1, 2017. Session Law 2017-194 made numerous changes to North Carolina’s gang...
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A Short Graphic Novel on How a Felony Sentence Is Served
I wrote a comic book about prison. Let me explain why. The School of Government recently published its first graphic novel, In Prison: Serving a Felony Sentence in North Carolina. It’s available for...
View ArticleCounting Joined Offenses for Prior Record Points
Before Structured Sentencing we had Fair Sentencing. Under Fair Sentencing, there was no such thing as “prior record level,” but a prior conviction could qualify as an aggravating factor, exposing a...
View Article2015 Sentencing Commission Statistical Report Available
It’s a snow day across much of North Carolina. If your power is on (and your internet connection is working), today’s post will give you something to read by the fire. Allow me to make my annual plug...
View ArticleProper Place of Confinement for a Probation Revocation
Last year I posted a chart summarizing the proper place of confinement (jail, prison, or Statewide Misdemeanant Confinement Program) for various types of imprisonment. The chart covers active...
View ArticleProper Procedure for Aggravating Factors
Not many sentences come from the aggravated range—four percent in Fiscal Year 2013/14, according to the North Carolina Sentencing and Policy Advisory Commission. But when you use the aggravated range,...
View ArticleWeighing Aggravating and Mitigating Factors
Much has been written—and much of it by the Supreme Court—on the proper way to find aggravating factors for sentencing. After Apprendi v. New Jersey, Blakely v. Washington, and countless cases at the...
View ArticleClik here to view.
Prior Convictions for Possession of Drug Paraphernalia
A recent case from the court of appeals answers a question we’ve been wondering about for four years: How should a person’s prior conviction for possession of drug paraphernalia (PDP) count toward his...
View ArticleStipulations to the Classification of Prior Convictions for Possession of...
Prior record level calculations would be pretty straightforward—if the law never changed. But it does. Offense classifications change. New offenses are created. And existing offenses are split into...
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A Quarter-Century of Structured Sentencing
The governor has proclaimed today, October 1, 2019, as Structured Sentencing Day. It has been 25 years since North Carolina’s primary sentencing law for felonies and misdemeanors came into effect....
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