Counting 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 ArticlePrior Record Level for Habitual and Repeat Offender Sentencing
In North Carolina we have a fair number of habitual and repeat offender punishment provisions—laws that increase a defendant’s punishment because of crimes he or she has committed in the past. Today’s...
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The Right Way to Find the “Under Supervision” Prior Record Level Bonus Point
A person convicted of a felony is eligible for an additional prior record point if “the offense was committed while the offender was on supervised or unsupervised probation, parole, or post-release...
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....
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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...
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Stipulating to Prior Convictions for Second-Degree Murder
In a previous post I wrote about State v. McNeil, a case that resolved the question of how to count prior convictions for possession of drug paraphernalia, in light of that crime’s 2014 division into...
View ArticleA “Single Superior Court” for Prior Record Level Purposes
Under G.S. 15A-1340.14(d), when a defendant has more than one prior conviction from a “single superior court during one calendar week,” only the most serious of them counts for prior record points for...
View ArticleArrest of Judgment
When can a court arrest judgment in a case? And what does it mean to do so? The concept of arresting judgment has been around for a long time in North Carolina. In cases dating back to the 1790s, such...
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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Prior Record Level: What a Defendant Can and Cannot Stipulate To
Under G.S. 15A-1340.14(f), a defendant’s prior convictions can be proved by stipulation of the parties. And they often are. But that doesn’t mean every aspect of a person’s prior record level can be...
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