State v. Corkum, 735 S.E.2d 420

Defendant Corkum was indicted in Guilford County for statutory rape of a 13-year-old and contributing to the delinquency of a minor; he pled guilty to solicitation to commit second-degree statutory rape and contributing to the delinquency of a juvenile, receiving 29–44 months suspended on 48 months of supervised probation.
A violation report in May 2005 alleged probation violations (failure to enroll in sex offender treatment, leaving residence without approval); probation was modified in July 2005.
In June 2006, probation was revoked for various violations; the suspended sentence was activated, and Corkum was credited with 208 days confinement.
He was released from prison with nine months remaining on the active sentence and began a five-year post-release supervision period ending January 26, 2015.
On November 3, 2010, Corkum violated post-release supervision by residing with minor children; eight days were spent in custody pending a revocation hearing, after which he was released and supervision reinstated.
On January 19, 2011, another violation led to post-release supervision revocation and reincarceration for the remainder of the original sentence.
On August 17, 2011, Corkum sought confinement credit for the eight days in custody awaiting the first revocation hearing; the trial court granted it, but on August 19, 2011 the court vacated the award; certiorari was granted and the appeal proceeded.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether eight days of confinement credit must be awarded under §15-196.1	Corkum: credit required for time spent in custody pending the revocation hearing on the charge that culminated in the sentence.	State: court may exercise discretion; credit not mandated.	Credit eight days required; statutory right to credit exists.
Whether the appeal is moot and, if so, whether exceptions apply	Argues exceptions apply; action capable of repetition but evading review and public interest warrant review.	No appealable controversy remains after completion of sentence; moot.	Mootness discussed; exceptions apply to permit review.

State v. Reynolds, 164 N.C. App. 406 (2004) (defendant credited with all time in custody resulting from the charge)
State v. Farris, 336 N.C. 552 (1994) (credit for time spent in custody as a condition of probation)
State v. Lutz, 177 N.C. App. 140 (2006) (reiterated entitlement to confinement credit post-structured sentencing)
Kendrick v. Cain, 272 N.C. 719 (1968) (mootness doctrine generally; exceptions for public interest)
Matthews v. Dep’t of Transportation, 35 N.C. App. 768 (1978) (public interest exception to mootness)