Opinion

State v. Stover

  • 200 N.C. App. 506
  • 685 S.E.2d 127
  • 2009 N.C. App. LEXIS 1734
Court
Court of Appeals of North Carolina
Filed
Nov 3, 2009
Status
Published
Author
Steelman
On the bench
McGee, Steelman
Cited by
12 cases
Authority
More cited than 6.2%

holding a claim involving criminal sentencing was moot because the defendant had already served the sentence

How later courts described this case

  • holding a claim involving criminal sentencing was moot because the defendant had already served the sentence
  • officers were properly at defendant’s house to conduct “ ‘knock and talk’ ” after having received information from confidential informant that she had bought marijuana at house

Written by the judges who cited it.

The opinion

STEELMAN, Judge

concurring.

I concur in the majority opinion, but write separately to emphasize the following:

I. Special Probation

It is clear that the trial court erred in imposing a term of special probation of four months in conjunction with a suspended sentence of six to eight months. N.C. Gen. Stat. § 15A-1351(a) provides that: “the total of all periods of confinement imposed as an incident of special probation, but not including an activated suspended sentence, may not exceed one-fourth the maximum sentence of imprisonment imposed for the offense . . . .” N.C. Gen. Stat. § 15A-1351(a) (2007). Thus, the maximum period of special probation that could have been imposed by the trial court was two months. The trial court further erred in the appellate entries in this case by denying release of defendant pending appeal. N.C. Gen. Stat. § 15A-1451(a) expressly provides: “When a defendant has given notice of appeal: . . . (4) Probation or special probation is stayed.” N.C. Gen. Stat. § 15A-1451(a)(4) (2007). Thus, by statute, the four-month term of special probation was automatically stayed when defendant gave notice of appeal. N.C. Gen. Stat. § 15A-1451(a)(4).

*517 While I seriously question the rationale of the cases holding that the above-cited errors are moot, I acknowledge that this Court is bound by those decisions. In the Matter of Appeal from Civil Penalty, 324 N.C. 373, 384 , 379 S.E.2d 30, 36 (1989).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.