255 N.C. App. 119
N.C. Ct. App.2017Background
- In 2013 a grand jury indicted 16-year-old Jahrheel May for first-degree murder and armed robbery; a jury convicted him of first-degree murder and attempted armed robbery.
- At sentencing the trial court imposed life without parole for murder and a consecutive term for attempted robbery; May gave oral notice of appeal immediately after judgment.
- The trial court did not make the statutorily required findings about mitigating factors before entering the life-without-parole sentence.
- More than 14 days after judgment and after May’s notice of appeal, the trial court (improperly) entered an order purporting to make the statutory findings.
- The Court of Appeals vacated the life-without-parole sentence and remanded for a new sentencing hearing, and vacated the belated August order because the trial court lacked jurisdiction after appeal was taken.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by imposing life without parole without making statutorily required findings on mitigating factors | State: Sentence valid as imposed | May: Statutory findings under N.C. Gen. Stat. § 15A-1340.19B were not made before sentence | Court: Error—statutory findings are mandatory; failure requires vacatur and remand |
| Whether the trial court had jurisdiction to enter findings after defendant gave notice of appeal | State (later conceded): post-appeal order valid to correct record | May: Trial court lacked jurisdiction once appeal notice and 14-day period had run | Court: Trial court lacked jurisdiction; the belated August 11 order is vacated |
Key Cases Cited
- Miller v. Alabama, 567 U.S. 460 (juvenile life-without-parole requires individualized consideration)
- Roper v. Simmons, 543 U.S. 551 (juveniles are constitutionally different for sentencing)
- Graham v. Florida, 560 U.S. 48 (life-without-parole for nonhomicide juveniles limited)
- Blakely v. Washington, 542 U.S. 296 (jury verdict requirement for facts increasing maximum punishment)
- State v. Lovette, 225 N.C. App. 456 (North Carolina statutory response to Miller)
- State v. Antone, 240 N.C. App. 408 (failure to comply with § 15A-1340.19B findings is reversible error)
- State v. Davis, 123 N.C. App. 240 (trial court limited to correcting record after appeal divests jurisdiction)
- State v. Cannon, 244 N.C. 399 (limitations on post-judgment modifications once appeal rights attach)