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Tag Archives: Guilty Plea

Criminal Practice – Guilty Plea – Aggravating Factors – Aggravated Sentence – Restitution – Vacated (access required)

State v. Rico Even though the parties’ plea agreement included a sentence in the aggravated range, defendant’s original aggravated sentence was invalid as a matter of law because the trial judge imposed the sentence simply because it was called for by the plea agreement. The judge failed to make any findings as to aggravating factors and failed to exercise his discretion in determining whether an aggravated sentence was appropriate, as required by the Structured Sentencing Act. The judgment against defendant is vacated and remanded.

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Criminal Practice – Appeals – Certiorari – Guilty Plea – Benefit of Bargain (access required)

State v. Demaio Defendant’s challenge that his guilty plea was improperly accepted because it was not the product of informed choice and did not provide him the benefit of his bargain is a procedural challenge to the guilty plea for which he may petition this court for writ of certiorari under State v. Bolinger, 320 N.C. 596, 359 S.E.2d 459 (1987). Defendant properly petitioned this court for certiorari; therefore, we grant certiorari to review whether the trial court erred in accepting defendant’s guilty plea.

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Criminal Practice – Constitutional – Appointed Counsel – Denial of New Counsel – Guilty Plea – Voluntary (access required)

U.S. v. Smith Although a defendant charged with racketeering and drug conspiracy feared his lawyer would "sabotage" his defense after they argued over challenging defendant's prior convictions, and although the district court erred in telling defendant "one lawyer is your free limit," the district court's denial of new counsel did not render defendant's guilty plea involuntary.

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Criminal Practice – Guilty Plea – Knowing & Voluntary – Satellite-Based Monitoring – ‘Aggravated Offense’ – Sexual Offense (access required)

State v. Santos. (Lawyers Weekly No. 11-07-0279, 11 pp.) (Wanda G. Bryant, J.) Appealed from Hoke County Superior Court. (Richard T. Brown, J.) N.C. App. Click here for the full text of the opinion. Holding: Even though defendant is functionally ...

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Criminal Practice – Sentencing – Guilty Plea – Aggravating & Mitigating Factors – Evidence – Restitution (access required)

State v. Davis. (Lawyers Weekly No. 10-07-0802, 11 pp.) (Robert N. Hunter Jr., J.) Appealed from Buncombe County Superior Court. (Alan Z. Thornburg, J.) N.C. App. Holding: Even though defendant asked that the trial court find factors in mitigation, she ...

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