Consecutive Sentences for Misdemeanors Sentenced at Different Times

In prior posts (here and here) I have discussed Structured Sentencing’s limit on consecutive sentences for misdemeanors. The basic rule, set out in G.S. 15A-1340.22, is that the cumulative length of the sentences of imprisonment for consecutive misdemeanor sentences may not exceed twice the maximum sentence authorized for the class and prior conviction level of the most serious offense. If all of the convictions are for Class 3 misdemeanors, the sentences must run concurrently. Those prior posts have addressed some of the most frequently asked questions about the law, but I’ll recap briefly. First, given the statute’s reference to the “class and prior conviction level of the most serious offense,” the sentence-length cap is driven by the maximum sentence that a particular defendant could have received—not by the hypothetical worst-case (i.e., Level III) defendant. Second, the rule applies regardless of whether the defendant is also subject to felony sentences. See State v. Wheeler, 202 N.C. App. 61 (2010) (applying the rule to a defendant with misdemeanor sentences set to run consecutively to a felony sentence). And third, the rule applies regardless of whether some or all of the sentences in the stack of consecutive judgments are suspended. See id. at 70 (remanding for resentencing when two 45-day suspended sentences were set to run consecutively to a 75-day active sentence, because the total maximum allowable period of imprisonment under G.S. 15A-1340.22 was twice 75, or 150 days). An aspect of the rule that I haven’t discussed on the blog, but that comes [...]