Most Important Opinions

1. Criminal Practice – Sex Offender Registration – Removal From List – Subject Matter Jurisdiction 

   In re Hutchinson Where the state agreed to the removal of a sex offender from its sex offender registry, it cannot ask the courts to rescind the removal because offenders are required to be registered for 10 years when the state raises that issue for the first time on appeal. The trial court, which upheld the removal, has subject matter jurisdiction on petitions of termination of registration even when the sex offenders have been registered in North Carolina for less than the normally requisite 10 years.

2. Criminal Practice – Plea Agreement – Maximum Sentence – Incorrect Information 

   State v. Reynolds Even though, when the trial judge informed defendant of the maximum sentence he could receive if he pled guilty, the judge was only off by three months, we cannot say that an additional three months of possible imprisonment is not prejudicial. Further, we are reluctant to establish precedent for a trial court’s providing incorrect information to a defendant prior to accepting a guilty plea.

3. Criminal Practice – Defendant’s Presence at Trial – No Right to Absence 

   State v. Shaw Even though a defendant may waive his right to be present at trial, he has no right to be absent from his trial.

4. Criminal Practice – Bail Bond – FTA – Returned After Courthouse Closed 

   State v. Williams Although the bail-bond surety located and surrendered defendant to the sheriff on the 150th day after her failure to appear, the surety did so at 9:40 p.m., after the courthouse had closed for the day. We do not agree that the 150-day period set out in G.S. § 15A-544.5 extends until 11:59 p.m. on the 150th day.