Improper Consideration at Sentencing of a Defendant’s Decision to Go to Trial

Published for NC Criminal Law on December 15, 2010.

A trial court is free to consider all kinds of information about a defendant when deciding on a sentence. See State v. Pope, 257 N.C. 326 (1962) (“[I]t would not be in the interest of justice to put a trial judge in a straitjacket of restrictive procedure in sentencing. . . . He should be ... Read more

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