State v. Whitehead
365 N.C. 444
| N.C. | 2012Background
- Defendant Whitehead pled guilty to second-degree murder in 1994 for an offense in 1993 and received a life sentence under the Fair Sentencing Act (FSA).
- The FSA governs offenses from 1 July 1981 to 1 October 1994, with a 15-year presumptive range and a maximum of 50 years or life for second-degree murder.
- The Structured Sentencing Act (SSA) was enacted to apply to offenses after 1 October 1994 and generally imposes shorter terms than the FSA.
- In 2010–2011, Whitehead sought MAR relief challenging the sentence, claiming a discrepancy between FSA and SSA sentencing would violate due process and liberty, seeking SSA-based modification.
- The Nash County Superior Court modified Whitehead’s sentence retroactively to 157–198 months under the SSA, potentially allowing immediate release.
- The North Carolina Supreme Court held that the SSA cannot be applied retroactively to pre-1 October 1994 sentences and vacated and remanded for reinstatement of the original 1994 judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether SSA may be applied retroactively to a pre-1994 sentence. | State argues SSA can modify post-enactment sentence. | Whitehead argues retroactive SSA application is permitted by the MAR proceeding. | SSA cannot be retroactively applied; FSA controls. |
| Whether the MAR proceedings permitted a retroactive sentence modification after adjournment. | State supported modification; MAR grounds exist. | Defendant contends MAR may modify sentence despite timing. | Trial court lacked jurisdiction to modify the 1994 sentence; must be vacated. |
| Whether the Eighth Amendment proportionality claim provides grounds for resentencing. | MAR could permit SSA-based resentencing as proportionality relief. | No gross disproportionality shown to warrant relief. | No appropriate relief under the Eighth Amendment; relief inappropriate. |
Key Cases Cited
- State v. Ellis, 361 N.C. 200 (2007) (uniform administration of criminal statutes; supervisory authority)
- State v. Wall, 348 N.C. 671 (1998) (consent to illegal sentence does not render it unappealable)
- State v. Roberts, 351 N.C. 325 (2000) (sentence not authorized by statutes may be corrected)
- State v. Duncan, 222 N.C. 11 (1942) (trial court loses jurisdiction to modify after adjournment)