The Structured Sentencing Act permits judges to consolidate convictions for multiple felony offenses entered at the same time or multiple misdemeanor offenses entered in the same session of court and to impose a single judgment that is consistent with the punishment required for the most serious of the consolidated offenses based on the defendant’s prior record level. See G.S. 15A-1340.15(b) (applicable to sentences for felonies); 15A-1340.23(b) (applicable to sentences for misdemeanors). A different rule governs the consolidation of impaired driving offenses sentenced pursuant to G.S. 20-179. See G.S. 15A-1340.10 (providing that structured sentencing applies to criminal offenses “other than impaired driving under G.S. 20-138.1”); G.S. 20-179 (setting forth sentencing provisions applicable upon conviction of G.S. 20-138.1 (impaired driving), G.S. 20-138.2 (impaired driving in a commercial vehicle), a second or subsequent conviction under G.S. 20-138.2A (operating a commercial vehicle after consuming alcohol), or a second or subsequent conviction under G.S. 20-138.2B (operating school bus or child care vehicle after consuming alcohol)). Two or more impaired driving charges may not be consolidated for judgment. G.S. 20-179(f2). So, for example, a defendant convicted of impaired driving in a commercial vehicle and impaired driving must be sentenced for both offenses, even if the convictions arose from a single incident of driving or were entered on the same day. Such sentences may, however, run concurrently. A separate statutory sentencing rule provides that if the conviction for G.S. 20-138.2 and G.S. 20-138.1 arose from the same incident, the aggregate punishment may not exceed the maximum punishment applicable [...]
Faculty Coordinators
