Smith's Criminal Case Compendium
Table of Contents
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Jones, 216 N.C. App. 519 (Nov. 1, 2011)
In a drug case, the trial court erred by ordering the defendant to pay $1,200.00 as restitution for fees from a private lab (NarTest) that tested the controlled substances at issue. Under G.S. 7A-304(a)(7), the trial court "shall" order restitution in the amount of $600.00 for analysis of a controlled substance by the SBI. G.S. 7A-304(a)(8) allows the same restitution if a "crime laboratory facility operated by a local government" performs such an analysis as long as the "work performed at the local government's laboratory is the equivalent of the same kind of work performed by the [SBI]." The statute does not authorize restitution for analysis performed by an unlicensed private lab such as NarTest.