State v. BriggsÂ, 249 N.C. App. 95

Defendant Antravious Q. Briggs was convicted by a jury of attempted second-degree sexual offense (Class D) for an incident on June 23, 2013; jury found guilt after the trial court dismissed the greater charge and submitted the lesser-included count.
At sentencing the trial court, relying on a prior record level worksheet, treated Briggs as a prior record level II (based on an alleged prior South Carolina felony), and imposed 73 to 100 months imprisonment; Briggs gave oral notice of appeal in court.
Approximately one month later, the Division of Adult Correction (DAC) notified the court that the maximum term did not align with the minimum for a Class D felony; the correct maximum for a 73-month minimum is 148 months.
A superior court judge entered an amended judgment outside Briggs’s presence, increasing the sentence to 73 to 148 months.
Briggs did not give a new notice of appeal from the amended judgment; the Court of Appeals treated his brief as a certiorari petition and granted review.

Issue	State's Argument	Briggs's Argument	Held
Whether the trial court could amend/resentence outside defendant's presence to increase the maximum term	The amendment merely corrected a clerical/mathematical mistake; sentencing occurred and defendant was present at original hearing	Resentencing outside his presence that increased the maximum term violated his right to be present at sentencing	Vacated the amended sentence and remanded for resentencing in defendant’s presence — resentencing that increases the sentence must occur with defendant present
Whether the trial court properly calculated prior record level II based on a prior South Carolina felony	The State relied on the prior record worksheet and defense counsel’s lack of objection/stipulation to establish the prior conviction	The worksheet alone was insufficient; defense counsel’s statements did not amount to a valid stipulation	Held State met its burden by stipulation through defense counsel’s conduct; prior record level II calculation upheld for purposes of remand sentencing

State v. Jarman, 140 N.C. App. 198 (discussing certiorari and appellate review procedures)
State v. Arrington, 215 N.C. App. 161 (establishing de novo review for presence-at-sentencing claims)
State v. Pope, 257 N.C. 326 (recognizing defendant's right to be present throughout trial proceedings)
State v. Leaks, 771 S.E.2d 795 (vacating written judgment that altered sentence imposed in defendant's absence)
State v. Crumbley, 135 N.C. App. 59 (noting changes increasing sentence require defendant's presence)
State v. Hurley, 180 N.C. App. 680 (holding defense counsel's failure to object can constitute a stipulation to prior convictions)