State v. Stubbs, 232 N.C. App. 274 (Feb. 4, 2014)

aff'd on other grounds, 368 N.C. 40 (Apr. 10, 2015)

The trial court erred by concluding that the defendant’s 1973 sentence of life in prison with the possibility of parole on a conviction of second-degree burglary, committed when he was 17 years old, violated the Eighth Amendment. The defendant brought a MAR challenging his sentence as unconstitutional. The court began by noting that the defendant’s MAR claim was a valid under G.S. 15A-1415(b)(4) (unconstitutional conviction or sentence) and (8) (sentence illegal or invalid). On the substantive issue, the court found that unlike a life sentence without the possibility of parole, the defendant’s sentence “allows for the realistic opportunity to obtain release before the end of his life.” In fact, the defendant had been placed on parole in 2008, but it was revoked after he committed a DWI.