The Unwelcome Prayer for Judgment Continued

Published for NC Criminal Law on September 18, 2009.

Defendants are generally pretty happy to get a PJC. When a judge continues prayer for judgment the defendant avoids punishment and is often able to sidestep a car insurance rate hike. That's not to say a PJC is a total free pass. I wrote before about how a PJC will certainly count as a prior conviction if the defendant is later sentenced for another crime, and I'm still unclear about how a judge can later "dismiss" a PJC if a defendant behaves for a certain amount of time. But more often than not, a PJC is a welcome act of judicial mercy. But suppose the defendant doesn't want a PJC. Maybe she wants to go into the military, which may consider the PJC to be an unresolved legal matter, and therefore an impediment to enlistment. Or maybe the PJC had unforeseen employment consequences for, say, a commercial driver. Maybe he wants to appeal the case, but is being told he can't - as something other than a final judgment, a PJC cannot be appealed. State v. Pledger, 257 N.C. 634 (1962). Whatever the reason, sometimes the defendant just needs judgment to be entered. Under G.S. 15A-1416(b) the State can make a motion for appropriate relief for imposition of sentence when prayer for judgment has been continued, but there's no corresponding statute allowing the defendant to do so. If the judge is unwilling to enter judgment, and the State is unwilling to pray judgment, is the defendant really stuck with the PJC? [...]