State v. Godbey, 241 N.C. App. 114 (May. 19, 2015)

Although the trial court erred when it based its imposition of sentence on the defendant’s exercise of his right to appeal, the issue was moot because the defendant had served his sentence and could not be resentenced. Although the 120-day sentence was within the statutorily permissible range, the trial court changed its judgment from a split sentence of 30 days followed by probation to an active term in response to the defendant’s decision to appeal.