Smith's Criminal Case Compendium
Table of Contents
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Jarman, 238 N.C. App. 128 (Dec. 16, 2014)
The trial court did not err by ordering the defendant to serve a habitual felon sentence consecutive to sentences already being served. The defendant argued that the trial court “misapprehend[ed]” the law “when it determined that it did not have the discretion to decide” to run the defendant’s sentence concurrently with his earlier convictions. The court noted that G.S. 14-7.6 “has long provided” that habitual felon sentences “shall run consecutively with and shall commence at the expiration of any sentence being served by the person sentenced under this section.”