Smith's Criminal Case Compendium
Table of Contents
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Dubose, 208 N.C. App. 406 (Dec. 7, 2010)
The trial court erred by making a determination under G.S. 14-50.25 that the offenses involved criminal street gang activity outside of defendant’s presence and without giving him an opportunity to be heard; vacating and remanding for a new sentencing hearing. A finding of criminal street gang activity was a “substantive change” in the judgments that must be made in defendant’s presence and with an opportunity to be heard.