Case Summaries—Court of Appeals (5/19/2020)

This post summarizes opinions issued by the North Carolina Court of Appeals on May 19, 2020. A defendant who disagrees with the jail credit calculated by the trial court should seek relief under the procedures in G.S. 15-196.4 State v. Galloway, ___ N.C. App. ___ (May 19, 2020) After the defendant pled guilty to multiple offenses, the trial court suspended his sentence and placed him on supervised probation. At a later probation violation hearing, the trial court revoked the defendant’s probation, reactivated his sentence, and awarded him343 days of jail credit. The defendant appealed, asking the Court of Appeals to remand the case to the trial court to determine whether he should have received an additional 107 days of credit. The Court of Appeals dismissed the defendant’s appeal without prejudice to seek relief from the trial court pursuant to G.S. 15-196.4, which allows the defendant to petition the court for credit not previously allowed. Then, if necessary, the defendant could appeal the trial court’s determination with a record suitable for meaningful review by the Court of Appeals. Majority of Court of Appeals declines to hear certiorari petition regarding probation revocation where pro se appeal by defendant was defective State v. Gantt, ___ N.C. App. ___ (May 19, 2020) The defendant was convicted of felony breaking or entering in 17 CRS 54550 and felony larceny after breaking or entering in 17 CRS 54551. The trial judge sentenced him to two consecutive 8 to 19 months prison terms, suspended the sentences, and placed [...]