State v. Singletary, ___ N.C. App. ___, 810 S.E.2d 775 (Feb. 6, 2018)

The trial court had jurisdiction to sentence the defendant after a mandate issued from the Court of Appeals. The defendant appealed his sentence following multiple convictions for sex offense charges. He argued that after the Court of Appeals filed an opinion vacating his original sentence and remanding for resentencing, the trial court improperly resentenced him before the Court of Appeals had issued the mandate. The court rejected the defendant’s argument that the mandate had not issued at the time of resentencing. It held that the mandate from the appellate division issues on the day that the appellate court transmits the mandate to the lower court, not the day that the lower court actually receives the mandate.