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Criminal Practice – Plea Agreement – Maximum Sentence – Incorrect Information
North Carolina Lawyers Weekly Staff//February 10, 2012//
Criminal Practice – Plea Agreement – Maximum Sentence – Incorrect Information
North Carolina Lawyers Weekly Staff//February 10, 2012//
State v. Reynolds (Lawyers Weekly No. 12-07-0160, 8 pp.) (Linda M. McGee, J.) Appealed from Lincoln County Superior Court. (Zoro J. Guice Jr., J.) N.C. App. Click here for full-text opinion.
Holding: 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.
We vacate defendant’s convictions and remand for a new trial.
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