NC Criminal Law
Today’s post addresses a small (and admittedly mundane) thing that trips people up from time to time. What happens when an appealed probationary sentence comes back to the trial court that imposed it? The issue arises when an appeal is withdrawn, or when a probationary sentence is affirmed.
As most readers probably know, probation is stayed on...
The superior court has jurisdiction to accept a guilty plea to a misdemeanor tendered in lieu of a felony charge.
If the defendant (or any defendant in a multi-defendant case) puts on evidence, then state has the right to the first and last closing argument.
The use of the conjunctive “and” in an indictment charging two theories by which offense may be committed does not require the state to prove both theories.
Even if he does not testify, the defendant may offer evidence of a “pertinent trait” of his character. G.S. 8C-404(a)(1).
The superior court has general jurisdiction over all felonies, as well as any misdemeanors which are lesser-included offenses of the felony, joined with the felony, or initiated by grand jury presentment. G.S. 7A-271(a).