State v. Burgess
216 N.C. App. 54
| N.C. Ct. App. | 2011Background
- Defendant was charged with multiple violent offenses, including first-degree rape and kidnapping, and pled not guilty while a jury was seated.
- During trial, the defendant pled no contest to second-degree kidnapping and crime against nature, with remaining charges dismissed per plea agreement.
- The plea agreement required the State to stipulate mitigating factors and to keep the defendant's sentence within a mitigated range (36–53 months) as a record level 4 offender.
- The State's prior record level worksheet listed 15 points from out-of-state and in-state convictions, establishing a prior record level IV.
- The trial court found a reportable conviction for a sexually violent offense and ordered sex offender registration for 30 years, which the Court later vacated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sex offender registration order was proper | Burgess | Burgess | Registration order vacated |
| Whether Burgess's prior record level was correctly determined | State | Burgess | Remanded for resentencing; insufficient proof of substantial similarity of out-of-state offenses |
| Whether out-of-state offenses were properly classified for points | State | Burgess | Remanded; record lacks sufficient evidence of substantial similarity |
| Whether stipulations in the plea agreement bind appellate review on sentencing issues | State | Burgess | Stipulations do not bar review of sentencing in light of legal questions |
Key Cases Cited
- State v. Hanton, 175 N.C.App. 250 (2006) (determines substantial similarity of out-of-state offenses is a legal question)
- State v. Rich, 130 N.C.App. 113 (1998) (out-of-state statutes used to prove similarity for prior records)
- State v. Morgan, 164 N.C.App. 298 (2004) (unchangedness of out-of-state statutes affects similarity proof)
- State v. Hamby, 129 N.C.App. 366 (1998) (defendant can challenge prior record level on appeal despite plea agreement)
- State v. Moore, 188 N.C.App. 416 (2008) (substantial similarity of out-of-state offenses is a matter of law)
- State v. Palmateer, 179 N.C.App. 579 (2006) (plea and sentencing issues may be reviewed despite stipulations)
- State v. Wall, 348 N.C. 671 (1998) (vacates judgment despite plea agreement when statutes compel different outcome)