NO. COA NORTH CAROLINA COURT OF APPEALS. Filed: 16 February Appeal by Defendant from judgment entered 23 January 2009 by
|
|
- Ami Ryan
- 5 years ago
- Views:
Transcription
1 An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure. NO. COA NORTH CAROLINA COURT OF APPEALS Filed: 16 February 2010 STATE OF NORTH CAROLINA v. Henderson County No. 07 CRS JOHN CHARLES WEBER, Jr. Appeal by Defendant from judgment entered 23 January 2009 by Judge Robert C. Ervin in Superior Court, Henderson County. Heard in the Court of Appeals 1 December Attorney General Roy Cooper, by Assistant Attorney General Jennifer M. Jones, for the State William D. Auman, for Defendant-Appellant WYNN, Judge. For misdemeanor sentencing purposes, prior convictions can be proven by a copy of records maintained by the Division of Criminal 1 Information. Here, Defendant argues that the State's evidence was insufficient for the trial court to classify him as a record level III offender for sentencing purposes. Because the record shows that the trial court's sentencing decision was based on a Division of Criminal Information report, we affirm the trial court s judgment. 1 N.C. Gen. Stat. 15A (c) (2007).
2 -2- On 2 November 2007, Defendant John Charles Weber, Jr. swerved his vehicle out of a roadway to avoid hitting a dog and instead struck a fence and gate. Defendant returned home without reporting the incident. After an investigation, Defendant was charged with several traffic offenses. Defendant pled guilty to a misdemeanor charge of hit and run/property damage and was tried on the charge of driving while impaired. Evidence supporting the factual basis for the guilty plea was derived from the trial on the driving while impaired charge, and the trial court deferred sentencing after conducting a proper plea colloquy. After acquittal on the driving while impaired charge, the State prayed judgment on the hit and run/property damage charge. Initially, the State contended that Defendant should be classified as a prior record level II offender for misdemeanor sentencing, and the trial court sentenced Defendant to a forty-five-day sentence suspended for eighteen months with an 2 active term of fourteen days in jail. Defense counsel challenged the fourteen-day active portion of the intermediate punishment, contending that the maximum active term allowable was eleven days. Following a brief recess, the State provided additional information to the trial court, contending instead that Defendant should be classified as a prior record level III offender for sentencing 2 The trial court s initial determination that Defendant was a prior record level II for sentencing was based on a copy of Defendant s driving record maintained by the Division of Motor Vehicles which showed a conviction for a single Class 2 misdemeanor.
3 -3- purposes. The trial court then modified its judgment to classify Defendant as a prior record level III offender for sentencing purposes, and sentenced him to ninety days in jail suspended for eighteen months with an active term of fourteen days in jail. Defendant argues that the trial court erred by classifying him as a prior record level III offender for misdemeanor sentencing purposes. We disagree. Under North Carolina law, a prior conviction may be proved in one of four ways: (1) stipulation by the parties; (2) court records of the prior conviction; (3) records maintained by the Division of Criminal Information, the Division of Motor Vehicles, or the Administrative Office of the Courts; or (4) another method found to be reliable by the court. N.C. Gen. Stat. 15A (c) (2009). The State bears the burden of proving, by a preponderance of the evidence, that a prior conviction exists and that the offender before the court is the same person as the offender named in the prior conviction. Id. To assess a misdemeanor sentencing classification of level III, the trial court must find that the offender has at least five prior convictions. N.C. Gen. Stat. 15A (b) (2009). Defendant argues that the trial court based its level III sentencing determination on the State's prior record level worksheet. Clearly, this document, standing alone, would not be sufficient to classify Defendant as a level III offender. See, e.g., State v. Goodman, 149 N.C. App. 57, 72, 560 S.E.2d 196, 205 (2002)( [T]he law requires more than the State's unverified
4 -4- assertion that a defendant was convicted of the prior crimes listed on a prior record level worksheet. ), rev'd on other grounds, 357 N.C. 43, 577 S.E.2d 619 (2003) (per curiam). However, a computerized printout of Defendant's criminal record is sufficient to satisfy the requirements of North Carolina General Statutes section 15A (c). Compare State v. Rich, 130 N.C. App. 113, 116, 502 S.E.2d 49, 51 (1998) (where a Division of Criminal Information computerized printout containing defendant's criminal history was sufficient to prove his prior convictions), with State v. Miller, 159 N.C. App. 608, 615, 583 S.E.2d 620, 624 (2003) (where it was insufficient for the State to submit a prior record worksheet without the criminal information printouts on which the worksheet was based). Here, the record shows that the trial court s sentencing decision was based on a computerized criminal record rather than solely the State's prior record level worksheet. Indeed, the record includes a computer record of Defendant's Division of Criminal Information report. The report is designated as a Computerized Criminal History and states that it is a certified copy substantiated by fingerprints, as it appears in the SBI/DCI files. The printout includes identifying information such as Defendant's driver license number, Social Security Number, and FBI Number. Additionally, it documented each of Defendant s five prior
5 -5- convictions submitted by the State in its prior record level 3 worksheet. In sum, the record indicates that the trial court's sentencing decision was based on a Division of Criminal Information report listing Defendant's five prior convictions. Accordingly, we uphold the trial court s classification of Defendant as a prior record level III offender for sentencing. Affirmed. Judges CALABRIA and BEASLEY concur. Report per Rule 30(e). 3 Four convictions are designated as guilty, while one conviction is designated as a prayer for judgment continued. A prayer for judgment continued can be considered as a prior conviction for sentencing purposes. See State v. Canellas, 164 N.C. App. 775, 778, 596 S.E.2d 889, 891 (2004).
IN THE COURT OF APPEALS OF NORTH CAROLINA. No. COA Filed: 4 April 2017
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3)
More informationNO. COA NORTH CAROLINA COURT OF APPEALS. Filed: 5 June v. Caldwell County Nos. 07 CRS CRS TERRY ALLEN HALL, Defendant.
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3)
More informationIN THE COURT OF APPEALS OF NORTH CAROLINA. No. COA Filed: 1 September Appeal by defendant from judgment entered 28 February 2014 by Judge
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3)
More informationCourt of Appeals. Slip Opinion
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3)
More informationSTATE OF NORTH CAROLINA v. GREGORY REQUINT ARTIS, Defendant NO. COA Filed: 6 February 2007
STATE OF NORTH CAROLINA v. GREGORY REQUINT ARTIS, Defendant NO. COA06-443 Filed: 6 February 2007 Constitutional Law--double jeopardy--habitual misdemeanor assault--habitual felon statute--same argument
More informationIN THE COURT OF APPEALS OF NORTH CAROLINA. No. COA Filed: 5 July 2016
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3)
More informationSENTENCING IN SUPERIOR COURT. Jamie Markham (919) STEPS FOR SENTENCING A FELONY UNDER STRUCTURED SENTENCING
SENTENCING IN SUPERIOR COURT Jamie Markham markham@sog.unc.edu (919) 843 3914 STEPS FOR SENTENCING A FELONY UNDER STRUCTURED SENTENCING 1. Determine the applicable law 2. Determine the offense class 3.
More informationNO. COA NORTH CAROLINA COURT OF APPEALS. Filed: 3 May On writ of certiorari permitting review of judgment entered 15
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3)
More informationMISDEMEANOR SENTENCING STEPS FOR SENTENCING A MISDEMEANOR UNDER STRUCTURED SENTENCING
MISDEMEANOR SENTENCING STEPS FOR SENTENCING A MISDEMEANOR UNDER STRUCTURED SENTENCING 1. Determine the offense class 2. Determine the offender s prior conviction level 3. Select a sentence length 4. Select
More informationFelony Offenses Committed on or after October 1, 2013
DWI Misdemeanors Felony 994 995 Felony 995 2009 Felony 2009 20 Felony 20 203 Felony 203 OFFENSE CLASS A Max. Death or Life w/o Parole B Max. Life w/o Parole B2 Max. 484 (532) C Max. 23 (279) D Max. 204
More informationSTATE OF NORTH CAROLINA, v. GEORGE ERVIN ALLEN, JR., Defendant NO. COA03-406
STATE OF NORTH CAROLINA, v. GEORGE ERVIN ALLEN, JR., Defendant NO. COA03-406 Filed: 1 June 2004 1. Motor Vehicles--driving while impaired--sufficiency of evidence There was sufficient evidence of driving
More informationNO. COA NORTH CAROLINA COURT OF APPEALS. Filed: 19 April Appeal by defendant from judgments entered 25 February 2010
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3)
More informationSTATE OF NORTH CAROLINA v. KRISTIE W. WHITFIELD NO. COA Filed: 7 June 2005
STATE OF NORTH CAROLINA v. KRISTIE W. WHITFIELD NO. COA04-719 Filed: 7 June 2005 Constitutional Law; Probation and Parole -right to counsel--revocation of probation-- waiver The trial court did not err
More informationNO. COA NORTH CAROLINA COURT OF APPEALS. Filed: 2 December Appeal by defendant from judgment entered 17 August 2007 by Court of Appeals
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3)
More informationIN THE COURT OF APPEALS OF NORTH CAROLINA. No. COA Filed: 15 August 2017
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3)
More informationIN THE COURT OF APPEALS OF NORTH CAROLINA. No. COA Filed: 20 December 2016
IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA16-493 Filed: 20 December 2016 Orange County, No. 12 CRS52086, 12 CRS 52671 STATE OF NORTH CAROLINA v. PIERRE JE BRON MOORE, Defendant. Appeal by Defendant
More informationIN THE COURT OF APPEALS OF NORTH CAROLINA. No. COA Filed: 7 July Appeal by defendant from judgments entered 7 May 2014 by Judge W.
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3)
More informationIN THE COURT OF APPEALS OF NORTH CAROLINA. No. COA Filed: 17 January 2017
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3)
More informationNO. COA NORTH CAROLINA COURT OF APPEALS. Filed: 16 December 2014
NO. COA14-403 NORTH CAROLINA COURT OF APPEALS Filed: 16 December 2014 STATE OF NORTH CAROLINA v. Mecklenburg County Nos. 11 CRS 246037, 12 CRS 202386, 12 CRS 000961 Darrett Crockett, Defendant. Appeal
More informationNO. COA13-2 NORTH CAROLINA COURT OF APPEALS. Filed: 4 June Appeal by defendant and plaintiff from order entered 27
NO. COA13-2 NORTH CAROLINA COURT OF APPEALS Filed: 4 June 2013 LEE FRANKLIN BOOTH, Plaintiff, v. Wake County No. 12 CVS 180 STATE OF NORTH CAROLINA, Defendant. Appeal by defendant and plaintiff from order
More informationNO. COA NORTH CAROLINA COURT OF APPEALS. Filed: 18 December v. Catawba County No. 10 CRS 1038 MATTHEW LEE ELMORE
NO. COA12-459 NORTH CAROLINA COURT OF APPEALS Filed: 18 December 2012 STATE OF NORTH CAROLINA v. Catawba County No. 10 CRS 1038 MATTHEW LEE ELMORE Motor Vehicles death by motor vehicle and manslaughter
More informationNO. COA NORTH CAROLINA COURT OF APPEALS. Filed: 4 November Appeal by defendant from judgment entered 9 September 2013
NO. COA14-390 NORTH CAROLINA COURT OF APPEALS Filed: 4 November 2014 STATE OF NORTH CAROLINA v. Buncombe County No. 11 CRS 63608 MATTHEW SMITH SHEPLEY Appeal by defendant from judgment entered 9 September
More informationNO. COA NORTH CAROLINA COURT OF APPEALS. Filed: 17 February Appeal by defendant from judgment entered 12 September 2002 by
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3)
More informationIN THE COURT OF APPEALS OF NORTH CAROLINA. No. COA Filed: 20 September 2016
IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA16-173 Filed: 20 September 2016 Watauga County, No. 14 CRS 50923 STATE OF NORTH CAROLINA v. ANTWON LEERANDALL ELDRIDGE Appeal by defendant from judgment
More informationNO. COA NORTH CAROLINA COURT OF APPEALS. Filed: 16 August Appeal by defendant from order entered 15 July 2010 by
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3)
More informationIN THE COURT OF APPEALS OF NORTH CAROLINA. No. COA Filed: 15 November SANDHILL AMUSEMENTS, INC. and GIFT SURPLUS, LLC, Plaintiffs
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3)
More informationIN THE COURT OF APPEALS OF NORTH CAROLINA. No. COA Filed: 1 November 2016
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3)
More informationIN THE COURT OF APPEALS OF NORTH CAROLINA. No. COA15-4. Filed: 15 September 2015
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3)
More informationCOLORADO COURT OF APPEALS
COLORADO COURT OF APPEALS 2015COA12 Court of Appeals No. 13CA2337 Jefferson County District Court No. 02CR1048 Honorable Margie Enquist, Judge The People of the State of Colorado, Plaintiff-Appellee, v.
More informationNO. COA NORTH CAROLINA COURT OF APPEALS. Filed: 5 November On writ of certiorari to review order entered 29 May 2012
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3)
More informationSTATE OF NORTH CAROLINA v. BRYAN KEITH HESS NO. COA Filed: 21 August 2007
STATE OF NORTH CAROLINA v. BRYAN KEITH HESS NO. COA06-1413 Filed: 21 August 2007 Search and Seizure investigatory stop vehicle owned by driver with suspended license reasonable suspicion An officer had
More informationRe: Disqualification of CDL license for 1 year and DWI charge. You have asked me to prepare a memorandum regarding the following questions: Does the
OFFICE RESEARCH MEMORANDUM To: Dr. Warren, Public Defender From: Ryan Jacobs, Intern Re: State v. Barnes Case: 13 1 00056 9 Re: Disqualification of CDL license for 1 year and DWI charge during hit and
More informationIN THE COURT OF APPEALS OF NORTH CAROLINA. No. COA Filed: 19 May 2015
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3)
More informationNO. COA NORTH CAROLINA COURT OF APPEALS. Filed: 31 December Appeal by petitioner from order entered 30 September 2013
NO. COA14-435 NORTH CAROLINA COURT OF APPEALS Filed: 31 December 2014 IN THE MATTER OF: DAVID PAUL HALL Mecklenburg County No. 81 CRS 065575 Appeal by petitioner from order entered 30 September 2013 by
More informationNO. COA NORTH CAROLINA COURT OF APPEALS. Filed: 16 August v. Rowan County Nos. 06 CRS CRS NICHOLAS JERMAINE STEELE
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3)
More informationStructured Sentencing
North Carolina Sentencing and Policy Advisory Commission Structured Sentencing Training and Reference Manual Applies to offenses committed on or after December 1, 2014 The Honorable W. Erwin Spainhour
More informationNO. COA NORTH CAROLINA COURT OF APPEALS. Filed: 19 January v. Forsyth County No. 07-CRS PAUL JOSEPH SALVETTI
NO. COA09-504 NORTH CAROLINA COURT OF APPEALS Filed: 19 January 2010 STATE OF NORTH CAROLINA v. Forsyth County No. 07-CRS-55600 PAUL JOSEPH SALVETTI Appeal by defendant from an order denying a motion to
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE January 13, 2010 Session
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE January 13, 2010 Session STATE OF TENNESSEE v. GARY VINCENT ELMORE Appeal from the Criminal Court for Davidson County No. 2007-C-2022 Cheryl Blackburn,
More informationIN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM v. Case No. 5D
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2005 ANTHONY AKERS, Appellant, v. Case No. 5D03-2973 STATE OF FLORIDA, Appellee. / Opinion filed January 21, 2005 Appeal
More informationNO. COA NORTH CAROLINA COURT OF APPEALS. Filed: 31 December 2002
DAVID TEASLEY, Plaintiff, v. NO. COA02-212 NORTH CAROLINA COURT OF APPEALS Filed: 31 December 2002 THEODIS BECK, Secretary of the North Carolina Department of Correction, in his official capacity, and
More informationCOMMON ISSUES IN PROBATION REVOCATION APPEALS
COMMON ISSUES IN PROBATION REVOCATION APPEALS North Carolina Appellate Boot Camp August 21 22, 2014 David Andrews, Assistant Appellate Defender Disclaimer: This document is not intended to be an exhaustive
More informationNO. COA NORTH CAROLINA COURT OF APPEALS. Filed: 17 March 2015
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3)
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs April 19, 2011
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs April 19, 2011 STATE OF TENNESSEE v. RANDY K. SANDERS Direct Appeal from the Circuit Court for Williamson County No. II-CR014654
More information2017COA143. No. 16CA1361, Robertson v. People Criminal Law Criminal Justice Records Sealing. In this consolidated appeal addressing petitions to seal
The summaries of the Colorado Court of Appeals published opinions constitute no part of the opinion of the division but have been prepared by the division for the convenience of the reader. The summaries
More informationSTATE OF OHIO ) IN THE COURT OF APPEALS NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT ) DECISION AND JOURNAL ENTRY
[Cite as State v. Goodman, 2002-Ohio-818.] STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT ) STATE OF OHIO C.A. No. 3220-M Appellee v. RAYMOND L. GOODMAN Appellant
More informationNO. COA NORTH CAROLINA COURT OF APPEALS. Filed: 5 July Appeal by plaintiff from orders entered 15 April 2010 and 2
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3)
More informationDRAFT PROBATION VIOLATIONS. James M. Markham April 2013
PROBATION VIOLATIONS James M. Markham April 2013 Contents Introduction... 2 Initiating a Violation... 3 Addenda.... 4 Alleging a violation of unsupervised probation.... 4 Notice of failures to pay child
More informationIN THE TENTH COURT OF APPEALS. No CR No CR
IN THE TENTH COURT OF APPEALS No. 10-15-00133-CR No. 10-15-00134-CR THE STATE OF TEXAS, v. LOUIS HOUSTON JARVIS, JR. AND JENNIFER RENEE JONES, Appellant Appellees From the County Court at Law No. 1 McLennan
More informationNO. COA NORTH CAROLINA COURT OF APPEALS. Filed: 5 April v. Guilford County Nos. 09 CRS 80644, EDEM KWAME KALEY
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3)
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE January 12, 2016 Session
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE January 12, 2016 Session STATE OF TENNESSEE v. ANTHONY R. SMITH, JR. Appeal from the Circuit Court for Montgomery County No. CC15-CR-1064 John
More informationPRESENT: Koontz, Kinser, Lemons, Goodwyn, and Millette, JJ., and Carrico and Russell, S.JJ.
PRESENT: Koontz, Kinser, Lemons, Goodwyn, and Millette, JJ., and Carrico and Russell, S.JJ. DWAYNE JAMAR BROWN OPINION BY v. Record No. 090161 JUSTICE S. BERNARD GOODWYN January 15, 2010 COMMONWEALTH OF
More informationChapter 4 Conviction and Sentence for Immigration Purposes
Chapter 4 Conviction and Sentence for Immigration Purposes 4.1 Conviction for Immigration Purposes 4-2 A. Conviction Defined B. Conviction without Formal Judgment C. Finality of Conviction 4.2 Effect of
More informationIN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM v. CASE NO. 5D
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2004 TROY BERNARD PERRY, JR., Appellant, v. CASE NO. 5D04-1791 STATE OF FLORIDA, Appellee. Opinion filed November 19, 2004
More informationNew Felony Defender Training: SENTENCING IN SUPERIOR COURT
New Felony Defender Training: SENTENCING IN SUPERIOR COURT Jamie Markham UNC School of Government February 10, 2011 1. USE THE PROPER SENTENCING LAW a. Structured Sentencing. Applies to most crimes committed
More informationNORTH CAROLINA COURT OF APPEALS *************************************** STATE OF NORTH CAROLINA ) ) v. ) From Wilkes ) AMANDA LEA ROSE )
NO. COA12-28 TWENTY-THIRD DISTRICT NORTH CAROLINA COURT OF APPEALS STATE OF NORTH CAROLINA ) ) v. ) From Wilkes ) AMANDA LEA ROSE ) MOTION TO DISMISS APPEAL TO: THE HONORABLE CHIEF JUDGE AND ASSOCIATE
More informationNO. COA NORTH CAROLINA COURT OF APPEALS Filed: 1 July Appeal by plaintiff from order entered 5 September 2013 by
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3)
More informationIN THE COURT OF APPEALS OF NORTH CAROLINA. No. COA Filed: 1 May Appeal by defendant from judgments entered 16 March 2017 by Judge W.
IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA17-968 Filed: 1 May 2018 Johnston County, Nos. 16CRS052218 19 STATE OF NORTH CAROLINA v. DAVID HINES, JR. Appeal by defendant from judgments entered 16
More informationNO. COA NORTH CAROLINA COURT OF APPEALS. Filed: 1 July 2014
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3)
More informationIN THE COURT OF APPEALS OF INDIANA
MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res
More informationNO. COA NORTH CAROLINA COURT OF APPEALS. Filed: 7 May v. Johnston County Nos. 10 CRS 57277, CRS 5365
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3)
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE August 14, 2001 Session
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE August 14, 2001 Session STATE OF TENNESSEE v. SANDRA BROWN Direct Appeal from the Criminal Court for White County No. CR560 Lillie Ann Sells,
More informationBRIEF IN MOTION TO DISMISS PRELIMINARY STATEMENT
The following is the trial brief prepared by Mr. Jacobs, NEW HANOVER COUNTY DISTRICT COURT STATE OF NORTH CAROLINA NO. 13 1 00056 9 STATE, vs. BARNES, Defendant. BRIEF IN MOTION TO DISMISS PRELIMINARY
More informationObjectives. A very brief history 1/26/18. Jamie Markham. Grid fluency Handbook and form familiarity Avoid common errors
Introduction to Structured Sentencing and Probation Violations Jamie Markham Assistant Professor of Public Law and Government Objectives Grid fluency Handbook and form familiarity Avoid common errors A
More informationIN THE COURT OF APPEALS OF NORTH CAROLINA. No. COA Filed: 6 February 2018
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3)
More informationNO. COA NORTH CAROLINA COURT OF APPEALS. Filed: 17 February Appeal by defendant from judgment and orders entered 1
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3)
More informationANTHONY CURTIS SLOAN, JR. Plaintiff v. CHENAY SANDERS SLOAN, Defendant v. ANTHONY C. SLOAN, SR. and KATHY SLOAN, Intervenors NO.
ANTHONY CURTIS SLOAN, JR. Plaintiff v. CHENAY SANDERS SLOAN, Defendant v. ANTHONY C. SLOAN, SR. and KATHY SLOAN, Intervenors NO. COA03-905 Filed: 4 May 2004 1. Child Support, Custody, and Visitation--visitation--grandparents
More informationNOT DESIGNATED FOR PUBLICATION. No. 114,477 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee,
NOT DESIGNATED FOR PUBLICATION No. 114,477 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. MATTHEW DEAN HENDERSON, Appellant. MEMORANDUM OPINION Appeal from Lyon District Court;
More informationSecond Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED SENATE SPONSORSHIP
Second Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 1-0.01 Richard Sweetman x HOUSE BILL 1- HOUSE SPONSORSHIP Waller and Saine, (None), SENATE SPONSORSHIP House Committees
More informationThis opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2006).
This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2006). STATE OF MINNESOTA IN COURT OF APPEALS A07-0648 State of Minnesota, Respondent, vs. Michelle
More informationIN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA CRIMINAL DIVISION
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA CRIMINAL DIVISION COMMONWEALTH OF PENNSYLVANIA : : vs. : No. CR 886-2011 : SHAWN MICHAEL NEFF, : : Defendant : Cynthia A. Dyrda-Hatton, Esquire
More information2018COA167. No. 16CA0749 People v. Johnston Constitutional Law Fourth Amendment Searches and Seizures Motor Vehicles
The summaries of the Colorado Court of Appeals published opinions constitute no part of the opinion of the division but have been prepared by the division for the convenience of the reader. The summaries
More informationOnly Mostly Dead? The Continued Vitality of Simmons in the Wake of North Carolina s Justice Reinvestment Act of 2011
Only Mostly Dead? The Continued Vitality of Simmons in the Wake of North Carolina s Justice Reinvestment Act of 2011 by Christian Dysart, and Jenny Leisten, Research & Writing Attorney, FPD United States
More informationNo. 98,736 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee, TRAVIS GUNNER LONG, Appellant. SYLLABUS BY THE COURT
No. 98,736 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. TRAVIS GUNNER LONG, Appellant. SYLLABUS BY THE COURT 1. Interpretation of a statute is a question of law over which
More information) ) ) ) ) ) ) ) ) ) 2. Petitioner filed a Victim Compensation Application seeking reimbursement for medical expenses.
STATE OF NORTH CAROLINA COUNTY OF MOORE KAREN TATE v. Petitioner, VICTIMS COMPENSATION COMMISSION, Respondent. IN THE OFFICE OF ADMINISTRATIVE HEARINGS FILE NO. 14 CPS 02397 FINAL DECISION ORDER OF DISMISSAL
More informationTHE SUPREME COURT OF NEW HAMPSHIRE THE STATE OF NEW HAMPSHIRE TIMOTHY BOBOLA. Submitted: January 7, 2016 Opinion Issued: April 7, 2016
NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme
More informationIN THE COURT OF APPEALS OF NORTH CAROLINA. No. COA Filed: 5 September 2017
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3)
More informationCourt of Appeals. Slip Opinion
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3)
More informationNo SUPREME COURT OF THE UNITED STATES. Joseph Jones, Desmond Thurston, and Antuwan Ball Petitioner- Appellants,
No. 13-10026 SUPREME COURT OF THE UNITED STATES Joseph Jones, Desmond Thurston, and Antuwan Ball Petitioner- Appellants, v. United States, Respondent- Appellee. Appeal from the United States Court of Appeals
More informationNO. COA NORTH CAROLINA COURT OF APPEALS. Filed: 6 August v. Wake County No. 06 CRS ADAM DERBYSHIRE
NO. COA12-1382 NORTH CAROLINA COURT OF APPEALS Filed: 6 August 2013 STATE OF NORTH CAROLINA v. Wake County No. 06 CRS 101768 ADAM DERBYSHIRE Search and seizure vehicular stop reasonable suspicion weaving
More information2018COA159. A division of the court of appeals interprets section (2)(a), C.R.S. 2012, to mean that a trial court may only
The summaries of the Colorado Court of Appeals published opinions constitute no part of the opinion of the division but have been prepared by the division for the convenience of the reader. The summaries
More informationHABITUAL FELON ISSUES CHECKLIST. Stand in one place and say the same thing over and over. Eventually, they ll listen to you.
HABITUAL FELON ISSUES CHECKLIST Stand in one place and say the same thing over and over. Eventually, they ll listen to you. Patricia Poore The following is a checklist of possible issues arising under
More informationJARROD WARREN RAMOS UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND. No September Term, 2013 STATE OF MARYLAND
UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 0988 September Term, 2013 JARROD WARREN RAMOS v. STATE OF MARYLAND Meredith, Kehoe, Kenney, James A., III (Retired, Specially Assigned), JJ. Opinion
More informationIN THE SUPREME COURT OF THE STATE OF IDAHO. Docket No ) ) ) ) ) ) ) ) ) ) ) ) )
IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 45476 In the Interest of: JANE DOE (2017-35, A Juvenile Under Eighteen (18 Years of Age. -------------------------------------------------------- STATE
More informationNOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO 2007 KA 0587 STATE OF LOUISIANA VERSUS ALFRED LUCAS
NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO 2007 KA 0587 STATE OF LOUISIANA VERSUS ALFRED LUCAS Judgment rendered September 14 2007 1 9 f J O Appealed from the 19th
More informationNO. COA NORTH CAROLINA COURT OF APPEALS. Filed: 7 August v. Mecklenburg County No. 09 CVD JACQUELINE MOSS, Defendant
NO. COA11-1313 NORTH CAROLINA COURT OF APPEALS Filed: 7 August 2012 GREGORY K. MOSS, Plaintiff v. Mecklenburg County No. 09 CVD 19525 JACQUELINE MOSS, Defendant 1. Appeal and Error preservation of issues
More informationSubmitted January 31, 2017 Decided. Before Judges Fasciale and Gilson.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED January 17, 2017 v No. 328890 Calhoun Circuit Court JOSEPH EDWARD-JARED ROTHWELL, LC No. 2012-002654-FH
More informationNOT DESIGNATED FOR PUBLICATION. No. 118,818 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee, DERRICK L. STUART, Appellant.
NOT DESIGNATED FOR PUBLICATION No. 118,818 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. DERRICK L. STUART, Appellant. MEMORANDUM OPINION Appeal from Sedgwick District Court;
More informationAPPEAL FROM THE CIRCUIT COURT OF DUNKLIN COUNTY. Honorable Stephen R. Sharp, Circuit Judge
STATE OF MISSOURI, ) ) Respondent, ) ) vs. ) No. SD30959 ) Filed: August 25, 2011 JOHN L. LEMONS, ) ) Appellant. ) APPEAL FROM THE CIRCUIT COURT OF DUNKLIN COUNTY Honorable Stephen R. Sharp, Circuit Judge
More informationNOT DESIGNATED FOR PUBLICATION. No. 116,512 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee, BILLY REYNOLDS, Appellant.
NOT DESIGNATED FOR PUBLICATION No. 116,512 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. BILLY REYNOLDS, Appellant. MEMORANDUM OPINION 2017. Affirmed. Appeal from Sedgwick
More informationNos. 1D D On appeal from the County Court for Alachua County. Walter M. Green, Judge. April 18, 2018
FIRST DISTRICT COURT OF APPEAL JOHN EUGENE WILLIAMS, III, STATE OF FLORIDA Nos. 1D17-1781 1D17-1782 Appellant, v. STATE OF FLORIDA, Appellee. On appeal from the County Court for Alachua County. Walter
More informationTHE STATE OF ARIZONA, Appellee, MICHELLE CHAMBERS, Appellant. No. 2 CA-CR Filed April 10, 2014
IN THE ARIZONA COURT OF APPEALS DIVISION TWO THE STATE OF ARIZONA, Appellee, v. MICHELLE CHAMBERS, Appellant. No. 2 CA-CR 2013-0139 Filed April 10, 2014 THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE December 19, 2017 Session
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE December 19, 2017 Session 05/03/2018 STATE OF TENNESSEE v. JOSHUA THIDOR CROSS Appeal from the Criminal Court for Knox County No. 107165 G. Scott
More informationCourt of Appeals of Ohio
[Cite as Ballard v. State, 2012-Ohio-3086.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 97882 RASHAD BALLARD PLAINTIFF-APPELLANT vs. STATE OF OHIO
More informationIn The Court of Appeals Sixth Appellate District of Texas at Texarkana
In The Court of Appeals Sixth Appellate District of Texas at Texarkana No. 06-15-00129-CR JAMES CUNNINGHAM, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 85th District Court Brazos County,
More informationNO. COA NORTH CAROLINA COURT OF APPEALS. Filed: 3 February 2015
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3)
More informationOnce, Twice, Four Times a Felon: North Carolina's Unconstitutional Recidivist Statutes
Campbell Law Review Volume 24 Issue 1 Fall 2001 Article 6 October 2001 Once, Twice, Four Times a Felon: North Carolina's Unconstitutional Recidivist Statutes Jason White Follow this and additional works
More informationIN THE COURT OF APPEALS FOR CHAMPAIGN COUNTY, OHIO. Plaintiff-Appellee : C.A. CASE NO CA 18
[Cite as State v. Rogan, 2003-Ohio-3780.] IN THE COURT OF APPEALS FOR CHAMPAIGN COUNTY, OHIO STATE OF OHIO : Plaintiff-Appellee : C.A. CASE NO. 2002 CA 18 v. : T.C. CASE NO. 2001 CR 100 HERSHEL E. ROGAN,
More informationin its distribution. Defendant appealed.
U.S. v. OBEY Cite as 790 F.3d 545 (4th Cir. 2015) 545, UNITED STATES of America, Plaintiff Appellee, v. Gregory Devon OBEY, Defendant Appellant. No. 14 4585. United States Court of Appeals, Fourth Circuit.
More informationIN THE COURT OF APPEALS OF INDIANA
Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral
More information