PJCs for Serious Felonies

Sometimes prayer for judgment is continued on a serious (Class B1–E) felony conviction to give a defendant time to demonstrate good behavior before sentencing. What happens if that PJC extends beyond the time limitations set out in G.S. 15A-1331.2? Does the court lose jurisdiction to enter judgment in the case and sentence the defendant? No—at least not under the facts of recently decided State v. Marino. First of all, you might ask, what time limitations? Under a law enacted in 2012, a court may not dispose of a Class B1–E felony conviction with a PJC that exceeds 12 months (plus an additional period not to exceed 12 months if the court finds that more time is needed in the interest of justice). G.S. 15A-1331.2. I wrote a little bit about that change here. In Marino, the defendant pled guilty to multiple drug crimes, including Class D trafficking. Part of the plea agreement was that prayer for judgment would be continued to give the defendant an opportunity to provide truthful testimony against any charged co-defendants. Apparently the defendant cooperated, because about 19 months later, the State prayed judgment and the defendant was sentenced pursuant to a substantial assistance finding that reduced his sentence by over 10 years and $200,000. Later, the defendant filed a motion for appropriate relief arguing that the court lacked jurisdiction to enter any sentence at all because it had failed to comply with G.S. 15A-1331.2. In short, the 19-month delay exceeded the 12-month maximum PJC period for a [...]