Issue

Resentencing of murder convictions—scope of mandate on remand—discretion regarding ancillary convictions not limited

Summary

In a first-degree murder case in which the Supreme Court vacated defendant's sentence of two consecutive terms of life with parole (for two first-degree murders he committed as a juvenile) as unconstitutional, the trial court did not exceed its authority on remand when, after complying with the Supreme Court's mandate to resentence defendant to two concurrent sentences of life with parole for the murders, the trial court decided to have defendant's ancillary convictions (for robbery with a dangerous weapon, which were not addressed in the higher court's mandate) run consecutive to the murder convictions. Pursuant to N.C.G.S. § 15A-1354(a), a sentencing court has discretion to run multiple sentences either concurrently or consecutively and the mandate on remand did not divest the trial court of its de novo sentencing authority. Further, defendant's sentence did not offend the higher court's determination that a sentence requiring a juvenile defendant to serve more than forty years constituted a de facto sentence of life without parole.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →