State v. Thompson, ___ N.C. App. ___, 809 S.E.2d 340 (Jan. 2, 2018)

vacated on other grounds, ___ N.C. ___, 822 S.E.2d 616 (Feb. 1, 2019)

Where the record was inconsistent and unclear as to whether the defendant pled guilty to felony possession of marijuana, the court vacated a judgment for that offense and remanded, directing the trial court to “take the necessary steps to resolve the discrepancy between the transcript of plea and the written judgment.” The court rejected the defendant’s argument that the issue was simply a clerical error, finding: “on the basis of the record as presently constituted, it is not possible to determine whether judgment was properly entered on the charge of felony possession of marijuana.” A dissenting judge asserted that judgment should “simply be arrested as to [the possession] charge, or the matter should be remanded for correction of the clerical error.”

There was dissenting opinion in this case.