Smith's Criminal Case Compendium
Table of Contents
State v. Sturdivant, 240 N.C. App. 480 (Apr. 7, 2015)
The trial court correctly determined the defendant’s prior record level (PRL) points. At sentencing, the State submitted a print-out of the defendant’s Administrative Office of the Courts (AOC) record. The defendant offered no evidence. On appeal, the defendant argued that the State failed to meet its burden of proving that one of the convictions was the defendant’s, arguing that the birthdate in the report was incorrect and that he did not live at the listed address at the time of sentencing. The court held that the fact that the defendant was living at a different address at the time of sentencing was of no consequence, in part because people move residences. As to the birthdate, under G.S. 15A-1340.14(f), a copy of a AOC record “bearing the same name as that by which the offender is charged, is prima facie evidence that the offender named is the same person as the offender before the court.”