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Tag Archives: restitution

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 – Drug Possession – NarTest – Cocaine — Visual ID – Marijuana – Sentencing – Trial by Jury – Restitution – Private Lab (access required)

State v. Jones Law enforcement identified the substances seized from defendant using the NarTest NTX 2000, and the state presented that evidence at trial. Neither the officer who used the NarTest nor the NarTest chemist who explained the machine showed that the NarTest was sufficiently reliable as an area for expert testimony. However, the state may prove that a substance is marijuana based on visual inspection.

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Criminal Practice – Armed Robbery – Acting in Concert — Jury Instructions — Restitution (access required)

State v. Sullivan Even though, in its jury instructions, the trial court omitted the name of one of the three robbery participants in applying the concerted action theory to the armed robbery charge, reading the jury instructions as a whole, the trial court sufficiently instructed the jury on the theory of acting in concert. We find no error in defendant’s convictions of three counts of robbery with a dangerous weapon and one count of conspiracy to commit robbery with a dangerous weapon. The restitution order is vacated and remanded.

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Criminal Practice – False Pretenses – Restitution – Evidence (access required)

State v. Moore The victim owned a house next door to defendant, which defendant rented out to transients without the victim’s knowledge. The victim testified that it would cost “third something thousand” to repair the damage to her house, and there was evidence that defendant had collected $1,500 in rent. This evidence is not too vague to support any restitution award, but it is not specific enough to support the trial court’s restitution award of $39,332.49.

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Criminal Practice – Juvenile Breaking & Entering – Motor Vehicle – Restitution (access required)

In re: D.A.Q. A juvenile was improperly ordered to pay $242.58 in restitution after he was adjudicated delinquent on two counts of feloniously breaking and entering a motor vehicle since the trial court failed to make any findings regarding whether restitution is in the juvenile’s best interest and whether the restitution was fair to the juvenile.

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Criminal Practice – Restitution – Obtaining Property by False Pretenses – Home Repairs (access required)

State v. Shehan Although defendant and his crew worked for eight weeks on the remodeling project that was the subject of case 10 CRS 104, the homeowners testified that they paid defendant $60,000 towards the renovation project. Defendant failed to provide receipts, failed to complete work which he indicated had been done, took numerous items from the house, and left the house in a complete state of disrepair.

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Criminal Practice – Weapon Possession – Constructive Possession – Ownership – First Impression – Defective Indictment – Conspiracy – Restitution (access required)

State v. Billinger Although we have found no N.C. appellate decision directly on point, in accord with other jurisdictions, we find that evidence of defendant’s ownership of a sawed-off shotgun is sufficient to show his constructive possession of the weapon. We find no error in defendant’s conviction of possession of a weapon of mass death and destruction. We vacate both defendant’s conviction of conspiracy to commit robbery with a dangerous weapon and the trial court’s order of restitution.

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Criminal Practice – Constitutional – Double Jeopardy – Drive-by Shooting – Right to Be Present – In-chambers Conference – Sentencing – Restitution – Crime Victims Compensation Fund (access required)

State v. Wright Where a drive-by shooting (of several bullets) was aimed at one victim but also injured another, defendant could be charged with and convicted of two separate and distinct offenses of attempted murder and assault as to each victim; defendant’s right against double jeopardy was not violated.

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Criminal Practice – Sentencing – Restitution – Insufficient Evidence – Serious Injury – Gunshot Wounds (access required)

State v. Smith. (Lawyers Weekly No. 11-07-0281, 12 pp.) (Linda M. McGee, J.) Appealed from Wake County Superior Court. (Ripley E. Rand, J.) N.C. App. Click here for the full text of the opinion. Holding: The trial court ordered defendant ...

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