State v. Skipper
214 N.C. App. 556
| N.C. Ct. App. | 2011Background
- Defendant Lawrence Willard Skipper, Jr. was indicted in 2008 for felonious breaking and entering, felonious larceny, felonious possession of stolen goods, and an ancillary count for habitual felon status.
- A jury found him guilty on all charges on August 19, 2008.
- At sentencing, defendant stipulated to a prior record level of five; offenses were consolidated for judgment resulting in a single sentence of 125 to 159 months in the presumptive range.
- On appeal, the conviction for felony larceny was vacated for defect in the indictment, and the case was remanded for resentencing on the remaining three convictions.
- At a June 1, 2010 resentencing, the court again consolidated the offenses and imposed a single judgment within the presumptive range, identical to the prior sentence.
- Defendant argues the remand sentence violated § 15A-1335 and that he was punished more severely on remand for each conviction than originally.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether resentencing after vacatur violated § 15A-1335 | Skipper argues remand produced a harsher sentence for the same conduct. | Skipper contends the remand violated § 15A-1335 by imposing a more severe sentence. | No violation; identical single Class C sentence upheld. |
| Effect of consolidating offenses for judgment under 15A-1340.15(b) | Consolidation dictates a single judgment for the most serious offense. | Same rule applies to remand; no greater punishment per conviction. | Consolidation requires a single judgment for the most serious offense, which occurred both times. |
| Impact of vacated larceny conviction on sentence on remand; equally attributable rule | Vacating larceny would affect punishment distribution under older rules. | Equally attributable rule should govern sentences when offenses are consolidated. | Statutory framework § 15A-1340.15(b) supersedes the equally attributable rule; no excess punishment. |
Key Cases Cited
- State v. Tucker, 357 N.C. 633 (2003) (consolidation guidance under 15A-1340.15(b))
- State v. Hemby, 333 N.C. 331 (1993) (equally attributable rule (predecessor to structured sentencing))
- State v. Nixon, 119 N.C.App. 571 (1995) (equally attributable rule applied prior to statutory override)
- Ashe v. State, 314 N.C. 28 (1985) (preserves appellate review for statutory error when prejudicial)