Smith's Criminal Case Compendium
Table of Contents
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Jones, ___ N.C. App. ___, 802 S.E.2d 518 (Jun. 6, 2017)
The defendant is entitled to a new sentencing hearing where the trial court violated his right to speak on his own behalf at sentencing. G.S. 15A-1334(b) provides that a defendant may make a statement on his behalf at sentencing. Here, defense counsel clearly informed the court that the defendant wanted to make a statement. Nevertheless, the defendant was sentenced without being afforded that opportunity.